Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,015
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Additionally, new 85.59 and 85.61 provide that the commis-
sion may consider transferring (without court approval) a sen-
tenced offender youth whose offense was committed on or af-
ter September 1, 2005, and whose sentence expires before the
minimum period of confinement, to Texas Department of Crimi-
nal Justice (TDCJ) when the youth completes all but nine months
of his/her sentence and meets required transfer criteria.
New 85.65 establishes rules and an approval process for
discharging sentenced offenders whose offense was other than
capital murder, who have met transfer criteria to TDCJ, or whose
sentence has expired.
New 85.69 will uphold the existing rules relating to the proce-
dures and eligibility criteria for program completion, as well as,
give staff and volunteers the opportunity to speak on the be-
half of youth who are being considered for transfer to TDCJ-In-
stitution Division (TDCJ-ID) at the Special Services Committee
(SSC) meeting. In order to transfer custody to the Parole or In-
stitutions Division of the Texas Department of Criminal Justice,
new 85.69 will require that youth who were sentenced for capital
murder committed before September 1, 2003, and who have not
completed their minimum period of confinement, must return to
court for a transfer hearing no later than when the youth reaches
20 years and six months of age.
New 85.95 will allow several new offender classifications,
namely Chronic Serious Offender, Controlled Substances
Dealer and Firearms Offender, to be eligible for discharge
when the youth completes the initial six months on parole
status and meets parole discharge criteria. Finally, new 85.95
will allow Chronic Serious Offenders, Controlled Substances
Dealers, Firearms Offenders and Type B Violent Offenders to
be discharged after completion of 30 days on parole status after
the youth reaches 20 years and six months of age, receives
two face-to-face contacts within the same 30 days, and has no
pending criminal charges.
Robin McKeever, Assistant Deputy Executive Director for Finan-
cial Support, 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.
Neil Nichols, General Counsel, 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 promoting
efficient and effective use of psychiatric resources, an efficient
process for release and transfer approval, as well as better or-
ganization of and enhanced access to agency rules. There will
be no effect on small businesses. There is no anticipated eco-
nomic cost to persons who are required to comply with the sec-
tions as proposed. No private real property rights are affected
by adoption of these rules.
Comments on the proposals may be submitted within 30 days
of the publication of this notice to DeAnna Lloyd, Chief of
Policy Administration, Texas Youth Commission, 4900 North
Lamar, P.O. Box 4260, Austin, Texas 78765, or email to
deanna.lloyd@tyc.state.tx.us.
SUBCHAPTER A. COMMITMENT AND
RECEPTION
37 TAC 85.5
The amendment is proposed under the Human Resources Code,
61.071, which provides the commission with the authority toestablish rules to determine psychiatric services and 61.076
which provides the commission with the authority to provide psy-
chiatric treatment that is necessary.
The proposed rule affects the Human Resources Code, 61.034.
85.5. Assessment/Evaluation.
(a) - (b) (No change.)
(c) Intake staff at the appropriate diagnostic unit conducts
[units cenduet] the following routine evaluations:
(1) - (10) (No change.)
(11) psychiatric interview of youth when: [psyehiatrie in-
terview of youth who have been on psychotropic medication andler
who have had a diagnosis of a major affective or psyehetropie disorder
in the past year and]
(A) a youth has been identified during admission as be-
ing currently prescribed psychotropic medication; or
(B) a youth has been prescribed psychotropic medica-
tion within the past six (6) months; and
(12) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on October 17,
2005.
TRD-200504628
Dwight Harris
Executive Director
Texas Youth Commission
Earliest possible date of adoption: November 27, 2005
For further information, please call: (512) 424-6301
SUBCHAPTER D. PROGRAM COMPLETION
37 TAC 85.51, 85.55, 85.59, 85.61, 85.65, 85.69
The amendment and new rules are proposed under the Human
Resources Code, 61.075, which provides TYC with the author-
ity to order a youth's confinement under conditions it believes
best designed for the youth's welfare and the interests of the
public; 61.076, which provides TYC the authority to require a
child to participate in correctional training and activities; 61.081,
which provides TYC the authority to release under supervision
any child in its custody and place the child in his or her home
or in any situation or family approved by TYC; 61.084, which
provides TYC the authority to transfer youth sentenced under a
determinate sentence to the institutional division or parole divi-
sion of the Texas Department of Criminal Justice. The commis-
sion shall from its custody discharge a youth who sentence has
not expired no later than the youth's 21st birthday; and 61.034,
which provides TYC the authority to make rules appropriate to
the proper accomplishment of its functions.
The proposed amendment, repeals and new rules affect the Hu-
man Resources Code, 61.034.
85.51. Definitions.
The following words and terms, as used in this subchapter, shall have
the following meanings unless the context clearly indicates otherwise.PROPOSED RULES October 28, 2005 30 TexReg 7015
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 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/42/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.