Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,670
10639-10789 p. ; 28 cm.View a full description of this periodical.
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(4) For specifics regarding completion of program and
movement to another program, and for specifics on movement of
sentenced offender options, see (GAP) 85.29 of this title (relating
to Program Completion and Movement).
(c) Placement System Factors. The program placement
system shall incorporate the following factors.
(1) Classification shall be determined by the classifying
offense and a finding regarding extenuating circumstances.
(2) The minimum length of stay shall be designated by
the classification.
(3) Risk shall be assessed and used as a guideline in
designating restriction level.
(4) Placements shall be made according to restriction and
needs.
(A) Initial placements will always be to residential
programs, except for some youth classified as violators of CINS
probation.
(B) A youth's assessed service needs will be con-
sidered in the selection of a placement within the required level of
restriction.
(d) System Description. The determining factors result in
the following placement and length of stay determinations for all
TYC youth on initial commitment, for youth recommitted for the
commission of a felony or high risk offense, and for youth found at
an administrative level I hearing to have committed a felony or high
risk offense.
(1) A sentenced offender shall be sentenced by the court
and, regardless of risk level, assigned to a program of high restriction
with a fenced perimeter.
(2) A type A violent offender shall be assigned a mini-
mum length of stay of 24 months, and with any risk level, assigned
to a program of high restriction with a fenced perimeter.
(3) A type B violent offender shall be assigned a mini-
mum length of stay of 12 months, and with any risk level, assigned
to a program of high restriction.
(4) A chronic serious offender, controlled substances
dealer, or firearms offender classified on or after January 1, 1996,
shall be assigned a minimum length of stay of twelve months and
with any risk level, assigned to a program of high restriction. The
minimum length of stay for these youth classified before January 1,
1996, is nine months.
(5) A general offender classified:
(A) on or after January 1, 1996, shall be assigned a
minimum length of stay of nine months, and with a:
(i) high risk level, assigned to a program of high
restriction;
(ii) low or medium risk level, assigned to a program
of medium restriction.
(B) before January 1, 1996, shall be assigned a
minimum length of stay of six months, and with a:
(i) high risk level, assigned to a program of high
restriction;(ii) low or medium risk level, assigned to a program
of medium restriction.
(e) Program Placement Responsibility. The centralized
placement unit shall be responsible for all specific program place-
ment selections/assignments.
(f) Waivers and Exceptions. Waivers and exceptions may be
granted under special circumstances.
(1) A restriction level designation, except that of sen-
tenced offender or type A violent offender, may be waived by the
director of centralized placement unit or designee when a youth is
qualified. A designated restriction may be waived in order to provide
specialized treatment not available in the designated restriction when
it is determined that a youth is physically/mentally handicapped, has
a special medical condition, or is emotionally disturbed, if such con-
dition would prevent the youth from functioning in the designated
restriction level.
(2) Any placement designation except those of sentenced
offenders and type A violent offenders may be waived by the director
of the centralized placement unit or designee when population is at
or above established capacity.
(3) For waiver of classification, see (GAP) 85.23 of this
title (relating to Classification).
(4) For movement for population control see (GAP)
85.29 of this title (relating to Program Completion and Movement).
(g) Parent Notification. Parents/guardians shall be notified of
all placements.
85.23. Classification.
(a) Purpose. The purpose of this rule is to establish a system
for classifying each youth admitted to TYC which can be consistently
applied and ensures consistent management of each youth.
(b) Explanation of Terms Used.
(1) Classification - the designation assigned each youth
based on the youth's offense history, the classifying offense, and a
finding regarding extenuating circumstances incident to the classify-
ing offense. A youth who commits an offense while in TYC custody
may be administratively reclassified through a Level I hearing.
(2) Classifying Offense - the offense on which classifica-
tion is based. It is the most serious of the relevant offenses docu-
mented in the youth's record. Relevant offenses are:
(A) on commitment, the committing offense and any
offense(s) for which the youth was on probation at the time of the
committing offense; or
(B) following a level I hearing, the offense(s) found
at the hearing.
(3) Committing Offense - the most serious of the offenses
found at the youth's most recent judicial proceeding.
(4) Most Serious Offense - the offense having the most
severe consequences attached. The most serious offense is deter-
mined according to the following hierarchy, with each subsequent
factor being considered only if two or more relevant offenses yield
the same result under the preceding factor. If two or more offenses
yield the same results through all steps of the hierarchy, determina-21 TexReg 10670 October 29, 1996
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Texas. Secretary of State. Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996, periodical, October 29, 1996; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth182324/m1/32/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.