(a) Purpose. This rule establishes the procedure to
be followed to ensure youth are afforded appropriate due process before
certain actions are taken.
(b) Applicability. The Level III hearing procedure
is appropriate due process in the following instances:
(1) to determine admission or extension in the security
program in accordance with §380.9740 of this title;
(2) to impose disciplinary consequences for youth in
medium-restriction facilities other than those requiring a Level II
hearing in accordance with §380.9503 of this title; and
(3) to impose disciplinary consequences other than
parole revocation for youth on parole in accordance with §380.9504
of this title.
(c) Procedure When Determining Admission to or Extension
in the Security Program.
(1) To initiate a Level III hearing, the youth shall
be notified orally of the time and date of the hearing, the alleged
misconduct, and the recommended action(s) to be taken.
(2) The youth has the right and shall be given the
opportunity to speak on his/her own behalf regarding the alleged misconduct
or the appropriateness of admission to or extension in the security
program.
(3) If the Level III hearing involves a decision for
an extension in the security program beyond the initial 24 hours,
the youth shall be appointed an advocate to assist the youth in presenting
his/her position during the extension hearing.
(4) The hearing administrator may consider any reasonably
reliable information in deciding whether the youth committed the alleged
misconduct and whether the requested admission to or extension in
the security program is appropriate.
(5) If the hearing administrator finds there are reasonable
grounds to believe the criteria in §380.9740 of this title are
met to admit or extend a youth in the security program, the hearing
administrator shall indicate which rule violation was committed and
which admission criterion was proven.
(6) The youth will be given the opportunity to present
evidence of extenuating circumstances, as defined by §380.9550
of this title. If there is a finding of extenuating circumstances,
the youth may still be admitted to the security program if the criteria
in §380.9740 are met.
(d) Procedure When Imposing Disciplinary Consequences.
(1) This procedure applies only to youth in medium-restriction
facilities or on parole.
(2) To initiate a Level III hearing, the youth shall
be notified orally of the time and date of the hearing, the alleged
misconduct, and the recommended disciplinary consequence(s).
(3) The youth has the right and shall be given the
opportunity to speak on his/her own behalf regarding the alleged misconduct
or the appropriateness of the recommended disciplinary consequence.
(4) The hearing administrator may consider any reasonably
reliable information in deciding whether the youth committed the alleged
misconduct and whether the recommended disciplinary consequence is
appropriate.
(5) If the hearing administrator does not find reasonable
grounds to believe the youth committed the alleged misconduct, no
disciplinary consequences may be imposed.
(6) If the hearing administrator finds reasonable grounds
to believe the youth committed the alleged misconduct, the youth shall
be given the opportunity to present evidence of extenuating circumstances.
If the hearing administrator finds there are extenuating circumstances,
no disciplinary consequences may be imposed.
(7) If the hearing administrator finds reasonable grounds
to believe the youth committed the alleged misconduct and does not
find extenuating circumstances exist, the recommended disciplinary
consequence(s) shall be imposed.
(e) Appeals.
(1) The youth may appeal the decision to admit or extend
the youth in the security program to the facility administrator or
designee on grounds that the youth did not commit a rule violation
or that any other criteria for admission or extension in the security
program as set out in §380.9740 of this title were not proven.
(A) If it is determined there were not reasonable grounds
to believe the youth committed a violation, the fact that the violation
was overturned will be documented appropriately and the youth will
be released from the security program.
(B) If it is determined there were reasonable grounds
to believe the youth committed a violation but no criteria for admission
to or extension in the security program were proven, the youth will
be released from the security program.
(2) The youth may appeal the decision to impose a disciplinary
consequence to the facility administrator or parole supervisor or
their designees, as appropriate, on the grounds that the youth did
not commit the rule violation found proven at the hearing, extenuating
circumstances should have been found, or the imposed disciplinary
measure was inappropriate.
(A) If it is determined there were not reasonable grounds
to believe the youth committed the violation, the fact that the violation
was overturned will be documented appropriately. The appeal authority
shall determine some form of equitable relief if the youth has completed
a disciplinary measure or has otherwise been adversely affected by
the finding.
(B) If it is determined there were extenuating circumstances
that should have been found, that fact will be documented appropriately.
The appeal authority shall determine some form of equitable relief
if the youth has completed a disciplinary measure or otherwise has
been adversely affected by the finding.
(C) If it is determined that the youth did commit the
violation but the imposed disciplinary measure was inappropriate,
that fact will be documented appropriately. The appeal authority shall
determine some form of equitable relief if the youth has already completed
or started serving the disciplinary measure. If the youth has not
yet started serving the disciplinary measure, the appeal authority
may impose a different, appropriate disciplinary measure.
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Source Note: The provisions of this §380.9557 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 |