PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT
CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
The Texas Juvenile Justice Department (TJJD) adopts new 37 TAC §380.8597 (concerning certain actions by the executive director) and §380.9147 (concerning youth career and technical education advisory committee) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1429). The new rules will not be republished.
SUMMARY OF CHANGES
The new §380.8597 establishes that TJJD tracks the frequency with which the executive director takes certain actions and reports the resulting data to the TJJD Board and the Sunset Advisory Committee; includes a list of actions and explain that TJJD must track the frequency the executive director takes those actions; and explains that TJJD must compile frequency data and provide that date to the Board and the Sunset Advisory Committee.
The new §380.9147 establishes the Youth Career and Technical Education Advisory Committee, which assists TJJD with overseeing and coordinating vocational training for youth in state custody; describes the duties and goals of the committee; describes the composition of the committee's membership and the appointment of the presiding officer; and includes the following: information pertaining to ex officio committee members, an explanation of what constitutes a quorum, term lengths of committee members, an explanation of how to fill vacancies on the committee, an explanation that the appearance of conflicts of interest should be avoided, a description of updates the advisory council's presiding officer provides to the Board; and information about other statutory requirements.
PUBLIC COMMENTS
TJJD received a public comment from Disability Rights Texas.
Comment: Language should be added stating that the executive director shall track the frequency of notification to the Texas Correctional Office on Offenders with Medical or Mental Impairments of planned discharges to the community.
Response: The proposed rule text is consistent with requirements that TJJD track certain actions to achieve compliance with state statute. TJJD welcomes the opportunity discuss this subject further to address potential gaps in information tracking of which the commenters are aware but does not believe it warrants inclusion in a rule which is designed specifically to achieve statutory requirements.
SUBCHAPTER A. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE
STATUTORY AUTHORITY
Section 380.8597 is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The new section is also adopted under §203.002, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires TJJD to track the frequency with which the executive director takes certain actions and to report the resulting data to the Board and the Sunset Advisory Commission.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402789
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
DIVISION 2. EDUCATION PROGRAMS
STATUTORY AUTHORITY
Section 380.9147 is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The new section is also adopted under §203.0083, Human Resources Code (as enacted by SB 1727, 88th Legislature, Regular Session), which requires the Board to create a youth career and technical education advisory committee and to adopt rules on the committee's purpose, goals, and membership.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402790
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
The Texas Juvenile Justice Department (TJJD) adopts amendments to §380.8767 (Crisis Stabilization Unit) and §380.9571 (Procedure for Mental-Health-Status Review Hearing) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1431). The amended rules will not be republished.
SUMMARY OF CHANGES
The amendments to §380.8767 clarify that a mental-health-status review hearing must be held for each youth within 72 hours (rather than 96 hours) after the youth's arrival at the stabilization unit.
The amendments to §380.9571 clarify that: 1) a mental-health-status review hearing must be held for each youth within 72 hours (rather than 96 hours) after the youth's arrival at the stabilization unit; and 2) if the hearing manager determines an unavoidable absence would prevent a key witness or party from attending the hearing, the hearing may be rescheduled to the earliest possible time but not later than 72 hours (rather than 96 hours) from the original scheduled hearing.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
SUBCHAPTER B. TREATMENT
DIVISION 2. PROGRAMMING FOR YOUTH WITH SPECIALIZED TREATMENT NEEDS
STATUTORY AUTHORITY
The amended section is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402786
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
DIVISION 2. DUE PROCESS HEARINGS
STATUTORY AUTHORITY
The amended section is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402787
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15, 2024
Proposal publication date: March 8, 2024
For further information, please call: (512) 490-7278
DIVISION 4. HEALTH CARE SERVICES
The Texas Juvenile Justice Department (TJJD) adopts amendments to Texas Administrative Code, Chapter 380, Subchapter C, §380.9188 without changes to the proposed text as published in the February 2, 2024, issue of the Texas Register (49 TexReg 492). The amended section will not be republished.
SUMMARY OF CHANGES
The amendments to §380.9188, concerning Suicide Alert for High-Restriction Facilities, change the requirement for mental health professionals at high-restriction TJJD facilities to consult with the designated mental health professional (i.e., the local clinical director) when determining whether changes will be made to a youth's observation level or suicide precautions to apply only when: (1) the assessing mental health professional is not licensed to practice independently, and (2) the youth's observation level or precautions would be lowered. The amendments also specify that, when a youth on suicide alert is transferred to another high-restriction TJJD facility, the mental health professional at the receiving facility communicates (rather than consults) with the designated mental health professional or designee regarding the plan for treatment and assessment.
PUBLIC COMMENTS
TJJD received public comments from Disability Rights Texas.
Comment: Regarding the requirement in subsection (f)(1) for a staff member to provide constant observation or a higher observation level, language should be added to clarify that the observation be conducted in person rather than remotely.
Response: The rule containing definitions, §380.9187, defines the requirements for providing supervision on each of the different observation levels. TJJD believes these definitions sufficiently address the possibility of remote observation as the assigned staff must be within a pre-defined physical distance during waking hours and document in-room status checks where no cameras are present.
Comment: Regarding the requirement in subsection (f)(1) for a staff member to begin a log to document status checks of the youth, language should be added providing the frequency of the documentation of status checks.
Response: The rule containing definitions, §380.9187, defines the frequency of documenting status checks. The time interval for observation levels that would be possible in this context would not exceed five minutes.
Comment: Regarding the requirement in subsection (g)(2) to notify a youth's parent or guardian of the youth's placement on suicide alert, we recommend that the notification occur no later than 24 hours after the youth is placed on suicide alert.
Response: TJJD agrees that this information should be provided timely to the family or guardian. TJJD's internal procedures require that this notification be made within one workday.
Comment: Regarding subsection (h)(1), about searching a youth's room or personal area. To avoid complaints where a search has occurred without the individual present and then questions arising about certain belongings, we recommend that the youth be present when the search occurs, the items removed be documented and the youth asked to sign the document. Any refusal to sign should be documented.
Response: TJJD agrees with the sentiment that youth should be present when personal belongings are search, to the extent possible. All items removed from a youth's room would be required to be documented by the staff member removing it, creating a chain of custody, limited the potential for hearsay about personal belongings. There are certain operational limitations that TJJD would need to analyze carefully, such as potential implications for investigations, avoiding delays in searching rooms that make create unsafe environments, or youth being unable to be physically present due to safety. TJJD will analyze internal procedures to determine the appropriateness of such provisions.
STATUTORY AUTHORITY
The amended section is adopted under §242.003, Human Resources Code, which requires the TJJD Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402792
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15,2024
Proposal publication date: February 2, 2024
For further information, please call: (512) 490-7278
DIVISION 1. BEHAVIOR MANAGEMENT
37 TAC §§380.9503, 380.9504, 380.9510
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §380.9503 (concerning rules and consequences for residential facilities) and §380.9504 (concerning rules and consequences for youth on parole) with changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1434). The amended rules will be republished.
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §380.9510 (concerning intervention program) without changes to the proposed text as published in the March 8, 2024, issue of the Texas Register (49 TexReg 1434). The amended rule will not be republished.
BACKGROUND AND JUSTIFICATION
The new amendments to §380.9503 and §380.9504 are the same: deleting the phrase for the first ten days from the requirement that a youth must remain at the approved placement while on electronic monitoring.
SUMMARY OF CHANGES
In addition to the new amendment listed above, the amendments to §380.9503 include adding that a Level II hearing will be requested for any youth not on parole status who allegedly commits a first- or second-degree felony unless TJJD determines, given all circumstances, a hearing would not be appropriate. Such a decision must be documented. TJJD will review the youth for placement in the most restrictive setting appropriate, including the intervention program in Section 380.9510, if the allegation is proved.
The amendments to §380.9503 also include: 1) adding a new rule violation entitled Failure to Comply with Electronic Monitoring Program Conditions, which applies only to youth in medium-restriction facilities and includes failing to comply with any of the specific electronic monitoring conditions listed in the rule; and 2) changing the definition of the rule violation entitled Participating in a Major Disruption of Facility Operations to no longer require that a youth must participate with two or more persons.
In addition to the new amendment listed above, the amendments to §380.9504 include adding that a parole revocation hearing will be requested for any youth who allegedly commits a first- or second-degree felony while on parole, although it may not be held if a deferral is requested by local prosecutors or TJJD determines that, given all circumstances, a hearing would not be appropriate. The amendments also added that TJJD shall review the youth for placement in the most restrictive setting appropriate if the youth's parole is revoked.
The amendments to §380.9504 also include adding the following to the list of parole rule violations: 1) Failure to Comply with Electronic Monitoring Program Conditions, which includes failing to comply with any of the specific conditions listed in the rule; and 2) Participating in a Major Disruption of Facility Operations, which is conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs (only for youth on parole status in medium-restriction facilities).
The amendments to §380.9510 include: 1) adding first- or second-degree felony to the list of violations that require a youth in a high-restriction facility to be reviewed for possible placement in the intervention program; and 2) adding that youth whose parole has been revoked and youth who are transferred from a medium-restriction facility to a high-restriction facility may be reviewed for placement in the intervention program. This review is mandatory if the return to a high-restriction facility is due to a first- or second-degree felony.
The amendments to §380.9510 also include several changes relating to the primary level of the intervention program: 1) adding that youth in this level of the program move around campus for non-program-related activities in a manner generally comparable to the general campus population; 2) removing a provision stating that youth in this level of the program continue to sleep at their assigned dorm but engage in other activities at the site of the program; and 3) removing a reference that states which staff divisions are involved in reviewing youth for possible placement in this level of the intervention program.
PUBLIC COMMENTS
TJJD received public comments from Disability Rights Texas.
Comment: Language should be added to specify under what circumstances a Level II hearing is deemed inappropriate.
Response: TJJD appreciates the sentiment of this comment, but believes creating an exhaustive list of circumstances is not possible and would have negative unintended consequences. Namely, enumerating inappropriate circumstances may inadvertently limit instances where a hearing is deemed inappropriate to only those listed in the rule. TJJD currently uses training, legal consultation, and internal procedures to guide staff further in making these determinations.
Comment: Regarding actions that are prohibited as disciplinary consequences, language should be added to prohibit inappropriate or excessive use of manual, mechanical or chemical restraints.
Response: Using force in any manner as a disciplinary consequence is already prohibited. Doing so would constitute corporal or unusual punishment or subjecting a youth to humiliation, harassment, or physical or mental abuse, which are expressly prohibited by the rule text. Additionally, TJJD's rule that addresses use of force, 37 TAC §380.9723, contains an exhaustive list of the allowable uses of force. Disciplinary consequences are not listed and therefore are prohibited as a means of imposing discipline.
Comment: Regarding the requirement in subsection (e)(5) for staff to tell the youth which rule violation was allegedly committed, what information staff has that establishes the youth committed it, and disciplinary consequences being considered - this information should be conveyed verbally and in writing and the same information should be conveyed to the legally authorized representative or family.
Response: This section is not describing a Level II hearing or another formal legal process but rather a procedure detailing an informal process designed to ensure due process requirements are met in imposing a disciplinary consequence that do not substantially alter a youth's living conditions. Formal notice is provided for due process hearings, which consider dispositions that may substantially alter a youth's living conditions.
STATUTORY AUTHORITY
The amended sections are adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The amended sections are also adopted under §243.001, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires the board to adopt rules establishing procedures to determine the appropriate placement for youth pending prosecution for an alleged first- or second-degree felony committed while in TJJD custody.
TJJD certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
§380.9503.Rules and Consequences for Residential Facilities.
(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct for residential facilities. Violations of the rules may result in disciplinary consequences that are proportional to the severity and extent of the violation. Appropriate due process, including a consideration of extenuating circumstances, shall be followed before imposing consequences.
(b) Applicability. This rule applies to youth assigned to residential facilities operated by the Texas Juvenile Justice Department (TJJD).
(c) Definitions. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.
(1) Attempt to Commit--a youth, with specific intent to commit a rule violation, engages in conduct that amounts to more than mere planning that tends but fails to effect the commission of the intended rule violation.
(2) Bodily Injury--physical pain, illness, or impairment of physical condition. Fleeting pain or minor discomfort does not constitute bodily injury.
(3) Direct Someone to Commit--occurs when:
(A) a youth communicates with another youth;
(B) the communication is intended to cause the other youth to commit a rule violation; and
(C) the other youth commits or attempts to commit a rule violation.
(4) Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.
(d) General Provisions.
(1) Formal incident reports are completed for alleged rule violations as required by internal operational procedures.
(2) A formal incident report is not proof that a youth committed an alleged rule violation. Only rule violations that are proven through a Level I or Level II due process hearing in accordance with §380.9551 or §380.9555 of this chapter, respectively, are considered proven and are considered a part of a youth's disciplinary record. A formal incident report is not appealable or grievable; only disciplinary consequences may be appealed or grieved, as provided below.
(3) When a youth is found to be in possession of prohibited money as defined in this rule, a Level II hearing is required to seize the money. Seized money shall be placed in the student benefit fund in accordance with §380.9555 of this chapter.
(4) This paragraph applies only to youth not on parole status who are alleged to have engaged in conduct classified as a first- or second-degree felony while in a residential facility operated by or under contract with TJJD. A Level II hearing shall be requested on these youth unless it is determined that, given all circumstances, a Level II hearing is not appropriate. Such decision shall be documented. If a requested Level II hearing is held and the allegation is proved, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.
(e) Disciplinary Consequences.
(1) Disciplinary consequences shall be established in writing in TJJD's procedural manuals. Appropriate disciplinary consequences may be imposed only if the consequences are established in writing in TJJD's procedural manuals prior to the occurrence of the conduct for which the consequence is issued.
(2) Disciplinary consequences may include, but are not limited to, the following:
(A) suspension of privileges;
(B) restriction from planned activities;
(C) trust-fund restriction; and
(D) disciplinary transfer to a high-restriction facility (available only for youth on institutional status in a medium-restriction facility).
(3) The following are prohibited as disciplinary consequences:
(A) corporal or unusual punishment;
(B) subjecting a youth to humiliation, harassment, or physical or mental abuse;
(C) subjecting a youth to personal injury;
(D) subjecting a youth to property damage or disease;
(E) punitive interference with the daily functions of living, such as eating or sleeping;
(F) purposeless or degrading work, including group exercise as a consequence;
(G) placement in the intervention program under §380.9510 of this chapter;
(H) disciplinary isolation; and
(I) extending a youth's stay in a TJJD facility.
(4) A Level II hearing is required before imposing a disciplinary consequence that materially alters a youth's living conditions, including disciplinary transfer from a medium-restriction facility to a high-restriction facility. TJJD's procedural manuals will specify which disciplinary consequences require a Level II hearing. Disciplinary consequences requiring a Level II hearing are considered major consequences.
(5) If a Level II hearing is not required, the following must occur before imposing disciplinary consequences for a youth in a high-restriction facility:
(A) a written description of the incident must be prepared;
(B) staff must tell the youth which rule violation the youth allegedly committed and describe the information staff has that establishes the youth committed it;
(C) staff must tell the youth what disciplinary consequence(s) staff is considering imposing; and
(D) the youth must be given the opportunity to address the allegation, including providing any extenuating circumstances and information on the appropriateness of the intended consequence(s).
(6) If a Level II hearing is not required, a Level III hearing must occur before imposing disciplinary consequences for a youth in a medium-restriction facility, in accordance with §380.9557 of this chapter.
(f) Review and Appeal of Consequences.
(1) All disciplinary consequences shall be reviewed for policy compliance by the facility administrator or designee within three calendar days after issuance. The reviewing staff shall not be the staff who issued the discipline.
(2) The reviewing staff may remove or reduce any disciplinary consequence determined to be excessive or not validly related to the nature or seriousness of the conduct.
(3) Youth may appeal disciplinary consequences issued through a Level II hearing by filing an appeal in accordance with §380.9555 of this chapter.
(4) Youth in medium-restriction facilities may appeal disciplinary consequences issued through a Level III hearing by filing an appeal in accordance with §380.9557 of this chapter.
(5) Youth in high-restriction facilities may grieve disciplinary consequences issued without a Level II hearing by filing a grievance in accordance with §380.9331 of this chapter.
(g) Major Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:
(1) Assault of Another Youth (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to another youth but the conduct does not result in bodily injury.
(2) Assault of Staff (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to a staff member, contract employee, or volunteer with the intent to cause injury but the conduct does not result in bodily injury.
(3) Assault Causing Bodily Injury to Another Youth--intentionally, knowingly, or recklessly engaging in conduct that causes another youth to suffer bodily injury.
(4) Assault Causing Bodily Injury to Staff--intentionally, knowingly, or recklessly engaging in conduct that causes a staff member, contract employee, or volunteer to suffer bodily injury.
(5) Attempted Escape--committing an act with specific intent to escape that amounts to more than mere planning that tends but fails to effect an escape.
(6) Chunking Bodily Fluids--causing a person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces of another with the intent to harass, alarm, or annoy another person.
(7) Distribution of Prohibited Substances--distributing or selling any prohibited substances or items.
(8) Escape--leaving a high-restriction residential placement without permission or failing to return from an authorized leave.
(9) Extortion or Blackmail--demanding or receiving favors, money, actions, or anything of value from another in return for protection against others, to avoid bodily harm, or in exchange for not reporting a violation.
(10) Failure to Comply with Electronic Monitoring Program Conditions (for Youth in Medium-Restriction Residential Placement)--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:
(A) remain at the address listed at all designated times;
(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;
(C) remain at the approved placement while on electronic monitoring, going only to school, approved activities, religious functions, and medical/psychological appointments and then return to the approved placement, in accordance with the schedule identified in the conditions of placement or conditions of parole;
(D) wear the electronic monitoring device 24 hours a day;
(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;
(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and
(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.
(11) Fighting Not Resulting in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that does not result in bodily injury.
(12) Fighting That Results in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that results in bodily injury.
(13) Fleeing Apprehension--running from or refusing to come to staff when called and such act results in disruption of facility operations.
(14) Misuse of Medication--using medication provided to the youth by authorized personnel in a manner inconsistent with specific instructions for use, including removing the medication from the dispensing area.
(15) Participating in a Major Disruption of Facility Operations--intentionally engaging in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs.
(16) Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.
(17) Possession of Prohibited Items--possessing the following prohibited items:
(A) cellular telephone;
(B) matches or lighters;
(C) jewelry, unless allowed by facility rules;
(D) money in excess of the amount or in a form not permitted by facility rules (see §380.9555 of this chapter for procedures concerning seizure of such money);
(E) pornography;
(F) items which have been fashioned to produce tattoos or body piercing;
(G) cleaning products when the youth is not using them for a legitimate purpose; or
(H) other items that are being used inappropriately in a way that poses a danger to persons or property or threatens facility security.
(18) Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.
(19) Possession or Use of Prohibited Substances and Paraphernalia--possessing or using any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol, tobacco products, or related paraphernalia such as that used to deliver or make any prohibited substance.
(20) Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen. (Note: If the youth says he/she cannot provide a sample, the youth shall be given water to drink and two hours to provide the sample.)
(21) Refusing a Search--refusing to submit to an authorized search of person or area.
(22) Repeated Non-Compliance with a Written, Reasonable Request of Staff (for Youth in Medium-Restriction Residential Placement)--failing on two or more occasions to comply with a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.
(23) Sexual Misconduct--intentionally or knowingly engaging in any of the following:
(A) causing contact, including penetration (however slight), between the penis and the vagina or anus; between the mouth and penis, vagina or anus; or penetration (however slight) of the anal or genital opening of another person by hand, finger, or other object;
(B) touching or fondling, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person;
(C) kissing for sexual stimulation;
(D) exposing the anus, buttocks, breasts, or genitals to another or exposing oneself knowing the act is likely to be observed by another person; or
(E) masturbating in an open and obvious way, whether or not the genitals are exposed.
(24) Stealing--intentionally taking property with an estimated value of $100 or more from another without permission.
(25) Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.
(26) Tampering with Safety Equipment--intentionally tampering with, damaging, or blocking any device used for safety or security of the facility. This includes, but is not limited to, any locking device or item that provides security access or clearance, any fire alarm or fire suppression system or device, video camera, radio, telephone (when the tampering prevents it from being used as necessary for safety and/or security), handcuffs, or shackles.
(27) Tattooing/Body Piercing--engaging in tattooing or body piercing of self or others. Tattooing is defined as making a mark on the body by inserting pigment into the skin.
(28) Threatening Another with a Weapon--intentionally and knowingly threatening another with a weapon. A weapon is something that is capable of inflicting bodily injury in the manner in which it is being used.
(29) Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.
(30) Vandalism--intentionally causing $100 or more in damage to state property or personal property of another.
(31) Violation of Any Law--violating a Texas or federal law that is not already defined as a major or minor rule violation.
(h) Minor Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:
(1) Breaching Group Confidentiality--disclosing or discussing information provided in a group session to another person not present in that group session.
(2) Disruption of Program--engaging in behavior that requires intervention to the extent that the current program of the youth and/or others is disrupted. This includes, but is not limited to:
(A) disrupting a scheduled activity;
(B) being loud or disruptive without staff permission;
(C) using profanity or engaging in disrespectful behavior toward staff or peers; or
(D) refusing to participate in a scheduled activity or abide by program rules.
(3) Failure to Abide by Dress Code--failing to follow the rules of dress and appearance as provided by facility rules.
(4) Failure to do Proper Housekeeping--failing to complete the daily chores of cleaning the living environment to the expected standard.
(5) Gang Activity--participating in an activity or behavior that promotes the interests of a gang or possessing or exhibiting anything related to or signifying a gang, such as, but not limited to, gang-related literature, symbols, or signs.
(6) Gambling or Possession of Gambling Paraphernalia--engaging in a bet or wager with another person or possessing paraphernalia that may be used for gambling.
(7) Horseplay--engaging in wrestling, roughhousing, or playful interaction with another person or persons that does not rise to the level of an assault. Horseplay does not result in any party getting upset or causing injury to another.
(8) Improper Use of Telephone/Mail/Computer--using the mail, a computer, or the telephone system for communication that is prohibited by facility rules, at a time prohibited by facility rules, or to inappropriately access information.
(9) Lending/Borrowing/Trading Items--lending or giving to another youth, borrowing from another youth, or trading with another youth possessions, including food items, without permission from staff.
(10) Lying/Falsifying Documentation/Cheating--lying or withholding information from staff, falsifying a document, and/or cheating on an assignment or test.
(11) Possession of an Unauthorized Item--possessing an item the youth is not authorized to have (possession of which is not a major rule violation), including items not listed on the youth's personal property inventory. This does not include personal letters or photographs.
(12) Refusal to Follow Staff Verbal Instructions--deliberately failing to comply with a specific reasonable verbal instruction made by a staff member.
(13) Stealing--intentionally taking property with an estimated value under $100 from another without permission.
(14) Threatening Others--making verbal or physical threats toward another person or persons.
(15) Unauthorized Physical Contact with Another Youth (No Injury)--intentionally making unauthorized physical contact with another youth without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, or grabbing.
(16) Unauthorized Physical Contact with Staff (No Injury)--intentionally making unauthorized physical contact with a staff member, contract employee, or volunteer without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, and grabbing.
(17) Undesignated Area--being in any area without the appropriate permission to be in that area.
(18) Vandalism--intentionally causing less than $100 in damage to state or personal property.
§380.9504.Rules and Consequences for Youth on Parole.
(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct youth are expected to follow while under parole supervision. Violations of the rules may result in disciplinary consequences, including revocation of parole, that are proportional to the severity and extent of the violation. Appropriate due process must be followed before imposing consequences.
(b) Applicability.
(1) This rule applies to youth on parole status who are assigned to a home placement.
(2) For parole revocation purposes, this rule also applies to youth on parole status who are assigned to a residential placement as a home substitute. However, this rule does not apply to the daily rules of conduct for these youth. For the daily rules of conduct, see §380.9503 of this chapter.
(c) General Provisions.
(1) Conditions of parole are provided to the youth before release on parole.
(2) Conditions of parole, including the rules of conduct, are reviewed with youth when they initially meet with their parole officers and at other times as necessary.
(3) Repeated violations of any rule of conduct may result in more serious disciplinary consequences.
(d) Definitions. Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.
(e) Parole Rule Violations. It is a violation to knowingly commit, attempt to commit, or aid someone else in committing any of the following:
(1) Abscond--leaving a home placement or failing to return from an authorized leave when:
(A) the youth's parole officer did not give permission; and
(B) the youth's whereabouts are unknown to the youth's parole officer.
(2) Failure to Comply with Electronic Monitoring Program Conditions--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:
(A) remain at the address listed at all designated times;
(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;
(C) remain at the approved placement while on electronic monitoring, going only to school, approved activities, religious functions, and medical/psychological appointments and then return to the approved placement, in accordance with the schedule identified in the conditions of placement or conditions of parole;
(D) wear the electronic monitoring device 24 hours a day;
(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;
(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and
(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.
(3) Failure to Comply with Sex Offender Conditions of Parole--intentionally or knowingly failing to comply with one of the following conditions present in the youth's sex offender conditions of parole addendum:
(A) do not have unsupervised contact with children under the age specified by the conditions of parole;
(B) do not babysit or participate in any activity where the youth is responsible for supervising or disciplining children under the age specified by the conditions of parole; or
(C) do not initiate physical contact or touching of any kind with a child, victim, or potential victim.
(4) Failure to Report an Arrest or Citation--failing to report an arrest or receipt of a citation to the youth's parole officer within 24 hours of arrest or citation.
(5) Participating in a Major Disruption of Facility Operations--intentionally engaging in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs. (This parole violation applies only to youth assigned to a residential placement as a substitute for home placement.)
(6) Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.
(7) Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.
(8) Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen.
(9) Repeated Non-Compliance with a Written, Reasonable Request of Staff--failing on two or more occasions to comply with a specific condition of release under supervision and/or a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.
(10) Photos, Videos, or Social Media Posts with Weapon, Ammunition, or Unauthorized Substance--appearing in photos, videos, or other images, whether or not posted to social media, with any weapon, ammunition, or unauthorized substance or related paraphernalia, including any object that reasonably resembles a weapon, ammunition, or unauthorized substance or related paraphernalia. The term weapon includes, but is not limited to, guns, explosive devices, knives, blades, and clubs. The term related paraphernalia includes, but is not limited to, items used to make or deliver unauthorized substances.
(11) Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.
(12) Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.
(13) Possession or Use of Unauthorized Substances--possessing, ingesting, inhaling, or otherwise consuming any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol or tobacco products, or related paraphernalia such as that used to deliver or make any unauthorized substance.
(14) Violation of Any Law--violating a federal or state law or municipal ordinance.
(f) Possible Consequences.
(1) A parole rule violation may result in a Level I hearing or a Level III hearing conducted in accordance with §380.9551 or §380.9557 of this chapter, respectively.
(A) This subparagraph applies only to youth alleged to have engaged in conduct classified as a first- or second-degree felony while on parole. Except as provided by this subparagraph, a Level I hearing shall be requested on these youth. The hearing may be deferred when requested by local prosecutors, as provided in §380.9551 of this chapter. The designated staff person may determine that, given all circumstances, a Level I hearing is not appropriate. Such decision shall be documented. If a Level I hearing is held and the youth's parole is revoked, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.
(B) Parole officers are encouraged to be creative in determining a consequence appropriate to address and correct the youth's behavior. Staff should use evidence-based interventions that relate to the youth's risk, needs, and responsivity when appropriate. All assigned consequences should be related to the misconduct when possible.
(2) Consequences through a Level III hearing for a youth on parole include, but are not limited to:
(A) Verbal Reprimand--conference with a youth including a verbal reprimand that draws attention to the misbehavior and serves as a warning that continued misbehavior could result in more severe consequences.
(B) Curfew Restriction--an immediate change in existing curfew requirements outlined in the youth's conditions of parole.
(C) Community Service Hours--disciplinary assignment of a specific number of hours the youth is to perform community service in addition to the hours assigned when the youth was placed on parole. In no event may more than 20 community service hours be assigned through a Level III hearing.
(D) Increased Level of Supervision--an assigned increase in the number of primary contacts between the youth and parole officer in order to increase the youth's accountability.
(E) Electronic Tracking--assignment to a system that electronically tracks a youth's movement and location.
(F) Writing Assignment--an assignment designed for the youth to address the misbehavior and identify appropriate behavior in similar situations.
(3) Consequences through a Level I hearing for a youth on parole, including youth assigned to a residential placement as a home substitute, include:
(A) parole revocation and placement in any high- or medium-restriction program operated by or under contract with the Texas Juvenile Justice Department; and
(B) assignment of a length of stay consistent with §380.8525 of this chapter.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402784
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15, 2024
Proposal publication date: March 8, 2024
For further information, please call:
SUBCHAPTER B. INTERACTION WITH THE PUBLIC
The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §385.8183 (concerning advocacy, support group, and social services provider access) without changes to the proposed text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2994). The amended rule will not be republished.
SUMMARY OF CHANGES
The amendments to §385.8183 include adding that: 1) TJJD tracks the frequency with which the executive director finalizes appeals described elsewhere in the rule; 2) TJJD compiles frequency data on a quarterly basis; and 3) at the beginning of each quarter, TJJD provides the frequency data from the previous quarter to the TJJD Board and the Sunset Advisory Commission.
PUBLIC COMMENTS
TJJD did not receive any public comments on the proposed rulemaking action.
STATUTORY AUTHORITY
Section 385.9921 is adopted under §242.003, Human Resources Code, which requires the Board to adopt rules appropriate to properly accomplish TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.
The amended section is also adopted under §242.102, Human Resources Code (as amended by SB 1727, 88th Legislature, Regular Session), which requires administrative investigative findings of the Office of the Inspector General to undergo a legal sufficiency review before being made public.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 25, 2024.
TRD-202402791
Jana L. Jones
General Counsel
Texas Juvenile Justice Department
Effective date: July 15, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 490-7278
CHAPTER 467. FIRE MARSHAL
The Texas Commission on Fire Protection (the Commission or agency) adopts amendments to 37 Texas Administrative Code Chapter 467 Fire Marshal, §467.1, Basic Fire Marshal Certification, §467.3 Minimum Standards for Basic Fire Marshal Certification, §467.5, Examination Requirement, §467.201, Intermediate Fire Marshal Certification, §467.301, Advanced Fire Marshal Certification, and §467.401.
The amended sections are adopted without changes to the text as published in the May 3, 2024, issue of the Texas Register (49 TexReg 2996).
The rule amendments are initiated because of a change in the examination requirements for Basic Fire Marshal as reflected in the amendment to §467.1 and §467.5. The rule amendments to §467.3, §467.201, §467.301, and §467.401 correct typographical errors.
No comments were received from the public regarding the adoption of the amendments.
SUBCHAPTER A. MINIMUM STANDARDS FOR BASIC FIRE MARSHAL CERTIFICATION
The amended sections are adopted under Texas Government Code, §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing the requirements for fire protection personnel.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 27, 2024.
TRD-202402817
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: July 17, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 936-3824
The section is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing qualifications for fire personnel.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 27, 2024.
TRD-202402818
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: July 17, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 936-3824
The amendment is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing qualifications for fire personnel.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 27, 2024.
TRD-202402819
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: July 17, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 936-3824
The amendment is adopted under Texas Government Code §419.008, which authorizes the commission to adopt or amend rules to perform the duties assigned to the commission. The rule is also adopted under Texas Government Code §419.032, which authorizes the commission to adopt rules establishing qualifications for fire personnel.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 27, 2024.
TRD-202402820
Frank King
General Counsel
Texas Commission on Fire Protection
Effective date: July 17, 2024
Proposal publication date: May 3, 2024
For further information, please call: (512) 936-3824