Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,019
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youth's determinate sentence is complete prior to the expiration of
TYC jurisdiction, the youth will be newly classified in accordance with
the classifying offense associated with the indeterminate commitment.
(B) The youth is discharged from the determinate sen-
tence order upon completion of the determinate sentence, but the in-
determinate commitment order will be given effect until normal dis-
charge criteria are met.
(C) Both orders are given effect, i.e., the MPC under
the determinate sentence and the minimum length of stay associated
with the indeterminate commitment will run concurrently. The youth
will not be considered for release until the minimum length of stay and
the MPC has been completed.
(e) Program Completion Criteria.
(1) A sentenced offender youth whose offense was com-
mitted before September 1, 2005 will be eligible for a release from a
high restriction facility to TYC parole (home or home substitute) when
the following criteria have been met:
(A) no confirmed Category I rule violations through a
due process hearing, within 90 days prior to the SSC exit interview;
and
(B) no confirmed Category I rule violations through a
due process hearing during the approval process as outlined in subsec-
tions (f)-(i) of this section; and
(C) completion of the MPC; and
(D) the youth is currently assessed at Resocialization
phase A4, B4, C4 with no objectives or sub-objectives under remedi-
ation; and
(E) for youth committed after April 1, 2005, comple-
tion of specialized treatment (unless this requirement is waived by the
assistant deputy executive director for rehabilitation services and the
assistant deputy executive director for juvenile corrections).
(2) A sentenced offender youth whose offense was com-
mitted on or after September 1, 2005, will be eligible for a release
from a high restriction facility to TYC parole (home or home substi-
tute) when the following criteria have been met:
(A) no confirmed Category I rule violations through a
due process hearing, within 90 days prior to the SSC exit interview;
and
(B) no confirmed Category I rule violations through a
due process hearing during the approval process as outlined in subsec-
tions (f)-(i) of this section; and
(C) completion of all but nine (9) months of his/her sen-
tence if the youth's sentence expires before the MPC or upon comple-
tion of the MPC; and
(D) the youth is currently assessed at Resocialization
phase A4, B4, C4 with no objectives or sub-objectives under remedi-
ation; and
(E) completion of specialized treatment (unless this re-
quirement is waived by the assistant deputy executive director for re-
habilitation services and the assistant deputy executive director for ju-
venile corrections).
(f) Decision Authority for Approval of Release. The final de-
cision authority shall approve the youth's release upon a determina-
tion that the youth meets program completion requirements and the
transition/release individual case plan (ICP) adequately addresses risk
factors. The final decision authority for approval of release is:fenders; c
(1) the deputy executive director, for Type 1 sentenced of-
or
(2) the appropriate director of juvenile corrections, forType 2 sentenced offenders.
(g) Phase Ineligibility.
(1) Remediation. Except as specified in subsection (h)(2)
of this section, to maintain eligibility for release, a youth may receive
only one remediation in Academic/Workforce Development (A) or
Correctional Therapy (C) phase pursuant to 87.3 of this title (relating
to Resocialization Phase Requirements and Assessment) at anytime
after the exit interview. If the youth does not maintain A or C phase
4 objectives, the youth will be phase ineligible and will lose release
eligibility pursuant to subsection (h) of this section.
(2) Demotion. Except as specified in subsection (h)(2) of
this section, to maintain eligibility for release, a youth may only receive
one demotion in Behavior (B) phase at anytime after the exit interview.
If the youth does not regain B4 at the next phase assessment, the youth
will be phase ineligible and will lose release eligibility pursuant to
subsection (h) of this section.
(h) Loss of Release Eligibility.
(1) Except as described in paragraph (2) below, a youth
who loses release eligibility will not be eligible for release until such
time as the youth meets program completion criteria and a subsequent
SSC exit interview confirms release eligibility. Eligibility for release
is lost when any of the following occur after the exit interview:
(A) youth commits a Category 1 rule violation as con-
firmed through a due process hearing; or
(B) youth is phase ineligible as described in subsection
(g) of this section.
(2) A youth whose offense was committed on or after
September 1, 2005, and who is being considered for release nine (9)
months prior to his/her sentence completion (pursuant to subsection
(e)(2) of this section) will lose eligibility for release, and will remain
in high restriction until his/her sentence has expired, when any of the
following occur after the exit interview:
(A) youth commits a Category 1 rule violation as con-
firmed through a due process hearing; or
(B) youth receives a demotion of one or more phases
in any Resocialization phase area; or
(C) youth is placed on remediation in A or C phase.
(i) Release Date. Youth who meet the program completion
requirements for release to TYC parole under this rule must be released
within 120 calendar days of the exit interview, unless a youth:
(1) is placed on remediation in A or C phase after the exit
interview, in which case the 120-day deadline may be extended up to
30 days to allow the youth to meet phase objectives to avoid possible
demotion. Such extension will be determined by the Department of
Sentenced Offender Disposition; or
(2) receives a demotion in B phase after the exit interview,
in which case the 120-day deadline may be extended up to 30 days to
allow the youth to regain phase B4. Such extension will be determined
by the Department of Sentenced Offender Disposition.
j) Notification. TYC will notify the committing juvenile
judge, the prosecuting attorney, parole officer, and the county chief
juvenile probation officer in the county to which the youth is being
moved no later than ten (10) calendar days prior to the release.PROPOSED RULES October 28, 2005 30 TexReg 7019
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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/m1/46/?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.