| (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.
Cont'd... |
