Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,025
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for rehabilitation services and the assistant deputy executive director
for juvenile corrections).
(B) Transfer to TDCJ-PD (After Age 19).
(i) A youth who was sentenced for capital murder
where the offense was committed on or after September 1, 2003 may
be transferred to TDCJ-PD without court approval if the youth meets
criteria listed in subsection (e)(1)(A)(i-iv) and, for youth committed
after April 1, 2005, successful completion of specialized treatment for
Priority 1 youth (unless this requirement is waived by the assistant
deputy executive director for rehabilitation services and the assistant
deputy executive director for juvenile corrections).
(ii) A youth who was sentenced for capital murder
where the offense was committed on or after September 1, 2003 who
does not meet transfer criteria listed in subsection (e)(1)(A)(i-iv) in-
cluding completion of specialized treatment will remain in high re-
striction until age 21. No later than the youth's 21st birthday, he/she
will be transferred to TDCJ-PD without court approval.
(3) For Transferring to TDCJ-ID (Before Age 21). TYC
may request a court hearing regardless of when the youth's offense was
committed and no later than the youth's 21st birthday if the following
criteria have been met:
(A) youth is at least age 16; and
(B) youth has spent at least six (6) months in a high
restriction facility; and
(C) youth has not completed his/her sentence; and
(D) youth has met at least one of the following behavior
criteria:
(i) youth has committed a felony or Class A misde-
meanor while assigned to residential placement; or
(ii) youth has committed Category I rule violations
(on three or more occasions); or
(iii) youth has engaged in chronic disruption of pro-
gram (five security admissions or extensions in one month or ten in
three months); or
(iv) youth has demonstrated an inability to progress
in his/her Resocialization program due to persistent non compliance
with treatment objectives; and
(E) alternative interventions have been tried without
success. (For example: special treatment plans, disciplinary transfer,
extended stay); and
(F) youth's conduct indicates that the welfare of the
community requires the transfer.
(f) Decision Authority.
(1) The executive director (final TYC decision authority)
must:
(A) determine if youth, before age 21, whose offense
was before September 1, 2003 meets criteria under this rule for release
to TYC parole or transfer to TDCJ-PD; or
(B) determine if youth, before age 21, meets criteria
under this rule for transfer to TDCJ-ID; and
(C) approve the request for a hearing by the committing
juvenile court to release youth to TYC parole or transfer to TDCJ-
PD/TDCJ-ID.(2) The committing juvenile court is the final decision au-
thority for releasing to TYC parole or transferring to TDCJ-PD for
youth whose offense was before September 1, 2003.
(3) If the youth's offense was committed before September
1, 2003, the youth will be transferred to TDCJ-ID upon receipt of the
committing juvenile court order no later than the youth's 21st birthday.
Court approval is required.
(4) The final TYC decision authority does not have to re-
quest a hearing for youth whose offense was on or after September 1,
2003 to be released to TYC parole or transferred to TDCJ-PD.
(g) Transfer Process.
(1) Transferring to TDCJ-PD.
(A) TYC will submit the required documentation re-
questing a transfer of the offender to TDCJ-PD along with an adjudi-
cation form and a case summary, which includes recommendations for
parole conditions.
(B) TDCJ will process the information and forward to
the Texas Board of Pardons and Paroles who will set the conditions
for parole or transfer within 90 days of receiving TYC's transfer noti-
fication.
(C) On receipt of the conditions, the TYC/TDCJ liaison
will contact TDCJ-PD to confirm the transfer date, notify the sending
facility of the parole conditions and the transfer date, coordinate the
transfer process and make final arrangements for the discharge.
(D) TDCJ personnel will serve their Order of Transfer
in person on the scheduled day, at which time the sentenced offender
youth is transferred to the TDCJ-PD and discharged from the TYC.
(2) Transferring to TDCJ-ID.
(A) Following the committing court's decision to trans-
fer a sentenced offender to TDCJ-ID, the youth is returned to the as-
signed program location and then transported to TDCJ-ID.
(B) The youth will be transported to the diagnostic unit
at TDCJ in Huntsville, Texas. The TYC court liaison in Central Office
will provide the address or location to the diagnostic unit, if needed.
(C) Upon transfer to TDCJ-ID, the youth may only
bring the following personal property items to TDCJ-ID:
(i) Bible/Other Religion Text--some offenders write
addresses and telephone numbers in it since they cannot take separate
paper into TDCJ-ID;
(ii) Trust fund--offender must use TDCJ personal
property envelopes. Use the TDCJ Inmate Trust Fund form, ITF-16
(available through TDCJ) when sending offender's trust fund after the
offender has already been transported to TDCJ-ID. The guards at the
Diagnostic Unit can provide the Inmate Trust Fund form, ITF-16, if
needed.
(h) 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 discharge.
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.PROPOSED RULES October 28, 2005 30 TexReg 7025
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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/m1/52/?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.