Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,707
10639-10789 p. ; 28 cm.View a full description of this periodical.
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(6) money in excess of the amount permitted by facility
rules.
(g) Dress Code. Any youth in a residential program operated
by TYC must dress in accordance with these rules.
(1) Clothing will be clean, fit properly, and be appropriate
to the activity at all times.
(2) Undergarments must be worn and must not show.
Females will wear bras.
(3) Patches, embroidery, buttons, and writing on cloth-
ing must not signify anything about drugs, alcohol, sex, obscene
language, violent acts, or show disrespect to any group or class of
people.
(4) Shoes or acceptable footwear will be worn as appro-
priate to the activity at all times.
(5) Boys will not wear earrings.
(h) Hair.
(1) Youth in TYC programs are required to wear their
hair in a standardized style.
(2) Hair should be clean and well groomed.
(3) Males in community-based residential programs may
wear hair that extends no lower than the collar of a dress shirt in the
back or past the ear lobes on the side.
(4) Youth must be clean shaven.
(i) Symbolic Expression. A facility superintendent/facility
administrator may adopt rules for the facility to prohibit any symbolic
expression(s) that have been shown to precipitate violent behavior
which endangers the safety of youth, staff or visitors at the facility.
All rules adopted by a facility administrator and approved by
the appropriate director of juvenile corrections must be clearly
communicated to each youth and posted at the same place as other
rules set out in this policy.
95.5. Referral to Criminal Court.
(a) Purpose. The purpose of this rule is to allow for TYC
to initiate prosecution under the Penal Code, of youth in TYC
facilities who meet criteria. Referral to court is considered a major
consequence.
(b) Criteria for Referral. Texas Youth Commission (TYC)
may initiate prosecution of youth in TYC high restriction placements
who are:
(1) 17 years of age and older who are involved in a felony
or Class A misdemeanor offense according to the Penal Code; or
(2) youth who are any other age who are involved in any
offense for which the youth could be classified as a violent offender.
95.7. Reclassification Consequence.
(a) Purpose. The purpose of this rule is to provide for
the reclassification of a youth as a disciplinary consequence for
commission of a high risk offense. Reclassification is considered
a major consequence.
(b) Applicability.
(1) The due process necessary to effect this rule is found
in (GAP) 95.51 of this title (relating to Level I Hearing Procedure).(2) Additional procedures and restrictions are applied
prior to any movement of a sentenced offender youth. See (GAP)
85.29 of this title (relating to Program Completion and Movement).
Also see (GAP) 85.37 of this title (relating to Sentenced Offender
Disposition).
(c) Explanation of Terms Used. A high risk offense - is any
major rule violation which may result in a classification other than
general offender or violator of CINS probation.
(d) Criteria and Disposition.
(1) A youth may be reclassified to the classification
appropriate to the offense, regardless of the current classification
(except sentenced offenders) if it is found at a level 1 hearing that the
youth has engaged in a high risk offense.
(2) If a high risk offense is proved and no extenuating
circumstances are found incident to the offense, the youth will be
assigned the appropriate classification for that offense.
(3) If a high risk offense is proved and extenuating
circumstances are found incident to the offense, the youth will be
assigned a classification which is appropriate under the rules for
waiver of classification. Extenuating circumstances are defined in
(GAP) 85.23 of this title (relating to Classification).
(4) If a youth on parole status is reclassified for a high
risk offense, the youth's parole is revoked and youth is placed in high
restriction.
(5) If a sentenced offender youth is found to have com-
mitted a high risk offense, he/she may be assigned to any appropriate
placement. The appropriate placement is selected according to the
totality of the circumstances, including the youth's age, sentencing
offense, length of time and progress in TYC custody, and the nature
of the misconduct for which the youth is being disciplined.
(e) Restrictions.
(1) A level I hearing is required in order to reclassify a
youth.
(2) Unless otherwise requested in writing by local author-
ities, a level I hearing may be held even if TYC staff receive infor-
mation that criminal or delinquent proceedings against the youth are
planned or anticipated by local authorities.
95.9. Parole Revocation Consequence.
(a) Purpose. The purpose of this rule is to provide for
the revocation of parole status as a disciplinary consequence for
behavior that presents an unacceptable risk to the safety of persons
and property. Parole revocation is considered a major consequence.
(b) Applicability.
(1) The due process necessary to effect this rule is found
in (GAP) 95.51 of this title (relating to Level I Hearing Procedure).
(2) Additional procedures and restrictions are applied
prior to any movement of a sentenced offender youth. See (GAP)
85.29 of this title (relating to Program Completion and Movement).
Also see (GAP) 85.35 of this title (relating to Sentenced Offender
Disposition).
(c) Explanation of Terms Used. A high risk offense -is any
major rule violation which may result in a classification other than
general offender or violator of CINS probation.PROPOSED RULES October 29, 1996 21 TexReg 10707
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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/m1/69/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.