Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,024
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(c) General Restrictions. Refer to 85.59 of this title for the
list of general restrictions.
(d) General Requirements.
(1) TYC shall not accept the presence of a detainer as an
automatic bar to earned release. The agency shall release a youth to
authorities pursuant to a warrant.
(2) The Special Services Committee (SSC) shall evaluate
the youth six (6) months after admission to TYC, when the minimum
period of confinement (MPC) is complete, on or about the youth's 20th
birthday to determine eligibility for transfer to TDCJ-ID or TDCJ-PD,
and at other times as requested by the committee.
(A) The SSC agenda, identifying sentenced offender
youth that are being considered for transfer to TDCJ-ID, should be dis-
tributed among TYC staff within a reasonable time prior to the sched-
uled SSC meeting.
(B) All TYC staff and volunteers should be given the
opportunity to attend the SSC meeting and speak on the behalf of
a youth, if they are inclined to do so, and a brief summary of their
testimony should be included in the SSC minutes.
(C) All TYC staff and volunteers must be informed
(given written notice) that they may submit a written statement to be
considered by the SSC and the local chief administrator (CLA).
(3) A plan to minimize risk factors for re-offending shall
be developed for each youth prior to transferring to TDC-PD.
(4) TYC shall comply with Chapter 57, Family Code, and
Article 56.02, Code of Criminal Procedure, regarding victim notifica-
tion. Refer to 81.35 of this title (relating to Rights of Victims).
(5) All residential programs releasing an undocumented
foreign national youth must notify Immigration and Customs Enforce-
ment (ICE). Refer to 85.79 of this title (relating to Parole of Undoc-
umented Foreign Nationals) for procedures.
(6) TYC shall comply with the Sex Offender Registration
Program, pursuant to Chapter 62, Code of Criminal Procedure, regard-
ing youth who are subject to sex offender registration. Refer to 87.85
of this title (relating to Sex Offender Registration).
(7) Parents or guardians of youth under the age of 18 will
be notified of all movements. Youth 18 or older must give consent to
disclose any movement information to a parent.
(8) Minimum Period of Confinement (MPC). The MPC is
ten (10) years for youth sentenced for capital murder or completion of
the sentence, whichever occurs first.
(9) Placement. Sentenced offenders shall serve the entire
MPC applicable to the youth's classifying offense in high restriction
facilities unless the youth is:
(A) transferred to TDCJ-ID in accordance with legal
requirements or committing court approval. See 85.65 of this title
(relating to Discharge of Sentenced Offenders Upon Transfer to TDCJ
or Completion of Sentence); or
(B) approved by the committing court to attain parole
status prior to completion of serving the MPC for youth whose offense
committed before September 1, 2003; or
(C) approved by the executive director to attain parole
status prior to completion of MPC for youth whose offense committed
on or after September 1, 2003.
(10) Jurisdiction Termination. TYC jurisdiction shall be
terminated and a sentenced offender discharged when the youth istransferred to TDCJ (prior to age 21) or his/her sentence is complete
(except as specified in subsection (d)(11) of this section).
(11) Concurrent Commitments. In the event that a youth
is committed to TYC under concurrent determinate sentence and inde-
terminate commitment orders, both commitment orders will be given
effect, with the determinate sentence order having precedence. Other
exceptions are as follows:
(A) The youth will be classified and managed as a sen-
tenced offender until such time as the determinate sentence order is
completed or TYC jurisdiction expires, whichever occurs first. If a
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, and the youth
is discharged from the indeterminate commitment order upon comple-
tion of the indeterminate offense.
(C) The determinate sentence and the minimum length
of stay associated with the indeterminate commitment will run con-
currently.
(e) Release/Transfer Criteria. A sentenced offender youth ad-
judicated for capital murder in a high restriction (prior to the comple-
tion of the MPC) will be transferred to TDCJ-PD/TDCJ-ID or may be
released to TYC parole.
(1) Youth Whose Offense was Committed Before Septem-
ber 1, 2003.
(A) TYC will request a hearing by the committing ju-
venile court with a recommendation to transfer to TDCJ-PD, if a youth
(before age 20.6) meets the following criteria:
(i) no confirmed Category I rule violations through
a due process hearing, within 90 days prior to the SSC exit interview;
and
(ii) no confirmed Category I rule violations through
a due process hearing during the approval process as outlined in sub-
section (f) of this section; and
(iii) completion of three (3) years toward the MPC;
and
(iv) the youth is currently assessed at Resocializa-
tion phase A4,B4,C4 with no main objectives or sub-objectives indi-
cators under remediation.
(B) If the youth does not meet the criteria in subsection
(e)(1)(A)(i-iv), TYC will request a hearing by the committing juvenile
court with a transfer recommendation to either TDCJ-PD or TDCJ-ID
when the youth reaches the age of 20.6.
(C) A youth who has not received court approval to
transfer to TDCJ-PD will be transferred to TDCJ-ID no later than the
youth's 21st birthday.
(2) Youth Whose Offense was Committed On or After
September 1, 2003.
(A) Release to TYC Parole (Before Age 19). A youth
who was sentenced for capital murder where the offense was com-
mitted on or after September 1, 2003 may be released to TYC parole
without court approval if the youth meets criteria listed in subsection
(e)(1)(A)(i-iv) and, for youth committed after April 1, 2005, success-
ful completion of specialized treatment for Priority 1 youth (unless
this requirement is waived by the assistant deputy executive director30 TexReg 7024 October 28, 2005 Texas Register
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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/m1/51/?q=%22%22~1&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.