Texas Register, Volume 26, Number 3, Pages 727-856, January 19, 2001 Page: 776
727-856 p. ; 28 cm.View a full description of this periodical.
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(A) The assistant deputy executive director for juvenile
corrections will approve the 72-hour extension decision if admission
criteria continue to exist based on current behavior.
(B) Extension decisions approved by the assistant
deputy executive director for juvenile corrections may be appealed to
the deputy executive director, and the youth is notified in writing of
the outcome of the appeal.
(6) After 384 hours (16 days), the youth shall be either re-
leased back to the general population or other alternatives must be rec-
ommended by the assistant deputy executive director for juvenile cor-
rections.
(7) If admission decision or due process extension hearings
are not timely held or approved the youth shall be released from the
security program.
(g) Program Requirements.
(1) Individual doors are locked.
(2) All segregation programs will ensure at a minimum the
following:
(A) appropriate psychological and medical services;
(B) the same food, including snacks prepared in the
same manner as for other youth except for special diets that are
prescribed on an individual basis by a physician, dentist or psychiatrist
or approved by a chaplain;
(C) one hour of large muscle exercise daily; and
(D) appropriate educational services.
(3) The assistant deputy executive director for juvenile cor-
rections will approve a standardized program and rules for the security
unit.
(4) The director of security will post the program schedule
and rules of the security unit and ensure the rules are reviewed with and
signed by the youth.
(5) Youth will engage in the standardized program and
comply with the rules of the security unit, but if programming is not
provided, youth may remain on their mattresses during that time.
97.43. Institution Detention Program.
(a) Purpose. The purpose of this rule is to establish criteria and
procedures for detaining appropriate Texas Youth Commission (TYC)
youth in an Institution Detention Program (IDP) operated within each
TYC institution or secure contract program, who have charges against
them pending or filed, or are awaiting a due process hearing or trial, or
are awaiting transportation subsequent to a due process hearing or trial.
(b) Applicability.
(1) This rule applies to TYC youth detained in TYC oper-
ated institutions or secure contract programs for pre-hearing or post-
hearing pending transportation.
(2) This rule does not apply to:
(A) TYC youth detained in community detention facili-
ties. See (GAP) 97.41 of this title (relating to Community Detention).
(B) The use of the same or adjacent space when used
specifically as security intake. See (GAP) 97.37 of this title (relating
to Security Intake).
(C) The use of the same or adjacent space when used
specifically as a security program. See (GAP) 97.40 of this title (re-
lating to Security Program).(D) The use of the same or adjacent space when used
specifically as disciplinary segregation. See (GAP) 95.17 of this title
(relating to Behavior Management Program).
(E) The use of the same or adjacent space when used
specifically as temporary admission. See (GAP) 85.41 of this title
(relating to Temporary Admission Awaiting Transportation).
(F) The aggression management program. See (GAP)
95.21 of this title (relating to Aggression Management Program).
(c) Explanation of Terms Used. Detention Review Hearing -
the TYC level IV hearing required by this policy.
(d) Criteria for Placement in an Institution Detention Program.
(1) Designated staff will conduct a review to determine
whether admission criteria have been met.
(2) Admission Criteria.
(A) A youth assigned to an institution may be admitted
to the IDP program (for up to 72 hours):
(i) if the youth is awaiting transportation subsequent
to a due process hearing or trial; or
(ii) if a due process hearing or trial has been
requested in writing or charges are pending or have been filed;
(iii) there are reasonable grounds to believe the
youth has committed a violation; and
(iv) one of the following applies:
(I) suitable alternative placement within the fa-
cility is unavailable due to on-going behavior of the youth that creates
disruption of the routine of the youth's current program; or
(II) the youth is likely to interfere with the hear-
ing or trial process; or
(III) the youth represents a danger to himself or
others; or
(IV) the youth has escaped or attempted escape
as defined in (GAP) 97.29 of this title (relating to Escape/Abscon-
dence and Apprehension).
(B) A youth who is assigned to a placement other than
a TYC operated institution or secure contract program may be detained
in a TYC operated IDP (beyond 72 hours):
(i) if a level hearing or trial has been requested in
writing; and
(ii) based on current behavior or circumstances, all
detention criteria in (GAP) 97.41 of this title (relating to Community
Detention) have been met.
(3) Criteria for Detention Beyond 72 Hours.
(A) A youth who is assigned to a TYC operated institu-
tion may be detained in the IDP beyond 72 hours:
(i) if a due process hearing or trial has been sched-
uled or charges are pending or have been filed; and
(ii) based on current behavior or circumstances, all
other criteria in paragraph (2) of this subsection have been met.
(B) A youth who is assigned to a placement other than
a TYC operated institution may be detained in a TYC operated IDP
(beyond 72 hours):26 TexReg 776 January 19, 2001 Texas Register
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Texas. Secretary of State. Texas Register, Volume 26, Number 3, Pages 727-856, January 19, 2001, periodical, January 19, 2001; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth114006/m1/51/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.