Texas Register, Volume 21, Number 80, Pages 10639-10789, October 29, 1996 Page: 10,716
10639-10789 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
cluded from the hearing room at the discretion of the chairperson;
however, any person except the youth's advocate may be excluded
from the hearing room if their presence causes undue disruption or
delay of the hearing or when hearing matters being discussed are of
a very sensitive nature. The reason(s) for the exclusions are stated
on the record.
(7) Panel Decision.
(A) Following the presentation of evidence, the panel
may meet outside the presence of the youth to discuss matters
presented. The panel shall decide whether the appropriate criteria
have been established. The decision of the panel shall be by
majority vote, as long as the psychiatrist is in the majority when
the recommendation is for admission or extension.
(B) The chairperson will re-convene the hearing and
announce the panel's decision.
(C) The youth shall be informed of his/her right to
appeal to the executive director. The pendency of an appeal shall not
preclude implementation of the decision.
(8) Reporting. A report must be completed within 10
working days following the hearing that includes the panel's findings
and explanation of the rationale for the findings.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
authority to adopt.
Issued in Austin, Texas, on October 17, 1996.
TRD-9615230
Steve Robinson
Executive Director
Texas Youth Commission
Earliest possible date of adoption: November 29, 1996
For further information, please call: (512) 483-5244Chapter 97.
Security and Control
Subchapter A. Security and Control
37 TAC 97.1, 97.7, 97.9, 97.11, 97.21, 97.23, 97.25,
97.27, 97.29, 97.35, 97.37, 97.39, 97.41
The Texas Youth Commission (TYC) proposes new 97.1,
97.7, 97.9, 97.11, 97.21, 97.23, 97.25, 97.27, 97.29, 97.35,
97.37, 97.39, and 97.41, concerning facility security, custody
and supervision rating, search, disposition of unauthorized
items seized, mechanical restraint equipment, use of force, use
of chemical agents, riot control, escape/abscondence and ap-
prehension, temporary segregation of youth out of control, se-
curity unit, isolation, and detention. The new sections will rules
whereby TYC staff may exercise control and in the interest of
safety for TYC staff, youth and the public. Rules set limits on
ingress and egress of facilities operated by TYC. A rating sys-
tem is establish is established to regulate the physical restric-
tion placed on youth who may be allowed to leave institution
campuses. Staff may search the rooms and property of youth
randomly to detect contraband. Unauthorized items seized are
disposed of in accordance with Texas law or returned to the
youth's parents. Assistance of law enforcement is sought whenyouth escape an assigned program or abscond from parole su-
pervision. A youth temporary out-of-control may be segregated
from the group. For serious rule violations and disturbance a
youth may be placed in a special unit with increased security
or even be placed in isolation. Youth may, when necessary,
be detained in county detention centers or in institution security
units as detention centers.
John Franks, Director of Finance, has determined that for the
first five-year period the sections are in effect there will be no
fiscal implications for state or local government as a result of
enforcing or administering the sections.
Mr. Franks also has determined that for each year of the first
five years the sections are in effect the public benefit anticipated
as a result of enforcing the sections will be a streamlining of
rules through recodification. There will be no effect on small
businesses. There is no anticipated economic cost to persons
who are required to comply with the section as proposed. No
private real property rights are affected by adoption of these
rules.
Comments on the proposal may be submitted to Gail Graham,
Policy and Manuals Coordinator, Texas Youth Commission,
4900 North Lamar, P.O. Box 4260, Austin, Texas 78765.
The new sections are proposed under the Human Resources
Code, 61.034, which provides the Texas Youth Commission
with the authority to make rules appropriate to the proper
accomplishment of its functions.
The proposed rules implement the Human Resource Code,
61.034.
97.1. Facility Security.
(a) Purpose. The purpose of this rule is to establish minimum
safety and security requirements for TYC operated facilities where
youth reside.
(b) Applicability. This rule does not specify fire prevention
or facility maintenance requirements. See the agency Risk Manage-
ment manual.
(c) Weapons are not permitted in any TYC facility or on any
facility grounds except in when carried by a law enforcement officer
who is responding to a call by TYC in an emergency situation at
the facility. Weapons are permitted in the personal residence of staff
who live adjacent to the campus.
(d) Chemical agents may be used only to the extent necessary
to ensure the safety and welfare of youth and staff in accordance with
(GAP) 97.25 of this title (relating to Use of Chemical Agents).
(e) Under no circumstances shall a stimulant, tranquilizer
or psychotropic drug be administered for the purpose of program
management and control, or for experimentation and research.
(f) Facilities shall ensure access to the necessary equipment
to maintain essential light and a system of communication within the
facility and between the facility and the community for use in an
emergency.
97. 7. Custody and Supervision Rating.
(a) Purpose. The purpose of this rule is to enhance the
protection of the public by limiting exposure to potential harm
caused by a TYC youth by establishing specific minimum staff
per youth supervision requirements for certain youth in a TYC21 TexReg 10716 October 29, 1996
Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/78/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.