| (14) Participating in a Major Disruption of Facility
Operations--intentionally participating with two or more persons in
conduct that poses a threat to persons or property and substantially
disrupts the performance of facility operations or programs.
(15) Possessing, Selling, or Attempting to Purchase
Ammunition--possessing, selling, or attempting to purchase ammunition.
(16) 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 title 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.
(17) 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.
(18) 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.
(19) 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.)
(20) Refusing a Search--refusing to submit to an authorized
search of person or area.
(21) 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.
(22) 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.
(23) Stealing--intentionally taking property with an
estimated value of $100 or more from another without permission.
(24) Tampering with Monitoring Equipment--a youth intentionally
or knowingly tampers with monitoring equipment assigned to any youth.
(25) 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.
(26) 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.
(27) 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.
(28) Unauthorized Absence--leaving a medium-restriction
residential placement without permission or failing to return from
an authorized leave.
(29) Vandalism--intentionally causing $100 or more
in damage to state property or personal property of another.
(30) 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.
|
| Source Note: The provisions of this §380.9503 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective July 1, 2011, 36 TexReg 3597; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7197; amended to be effective May 31, 2013, 38 TexReg 3802; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 19, 2023, 48 TexReg 705 |
