| (23) The evidence considered during disposition may
be in the form of testimony from witnesses submitted during fact-finding
or disposition, as well as written reports offered by youth, staff,
professionals, counselors, or consultants. Relevant documents contained
in the youth's record may be admitted and considered. All written
documents to be offered must be provided to the parties no later than
three days before the hearing unless otherwise waived. Hearsay evidence
is admissible in disposition.
(24) Parole status may be revoked if the hearing examiner
determines that revocation is:
(A) in the best interest of the youth; and/or
(B) in the best interest of the community; and/or
(C) the youth is in need of further rehabilitation
at a residential facility operated by TJJD or under contract with
TJJD.
(25) If parole is revoked, the youth is assigned a
minimum length of stay in accordance with §380.8525 of this title,
based on the most serious offense found true at the hearing. This
minimum length of stay may be reduced in accordance with §380.8525
of this title.
(26) If the hearing examiner determines there are extenuating
circumstances, the hearing examiner must take that into account when
determining if the criteria for parole revocation exist. If, despite
a finding of extenuating circumstances relevant to the proven offense,
the hearing examiner finds revocation is appropriate under the circumstances,
the youth's parole status will be revoked but the assigned minimum
length of stay will be reduced, as determined by the hearing examiner.
(27) If the youth's parole status is not revoked, lesser
disciplinary consequences may be imposed for any rule violation(s)
proved at the hearing.
(28) After announcing the disposition decision, the
hearing examiner must inform the youth of the right to appeal any
or all findings and decisions made at the hearing.
(29) Immediately after the hearing is closed, the hearing
examiner must give the youth a copy of the hearing report form.
(30) The hearing examiner's decision is effective and
implemented when announced at the hearing, even if the youth appeals
and a response is pending.
(31) As soon as possible after the hearing is closed,
the hearing examiner must prepare a written report that includes:
(A) a summary of the evidence presented;
(B) findings of fact, including the reliability of
the evidence and the credibility of the witnesses, and the reasons
for those findings;
(C) conclusions of law;
(D) an explanation of the dispositional decision; and
(E) rulings made on motions and objections and the
reasons for those rulings.
(32) Copies of the hearing examiner's report must be
provided to the youth, the youth's attorney, and the staff representative.
|
| Source Note: The provisions of this §380.9551 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 19, 2023, 48 TexReg 705 |
