| (a) Purpose. The purpose of this rule is to establish
criteria and procedures for moving youth who have not met program
completion requirements to placements of equal or lesser restriction.
(b) General Provisions. Prior to a transition, a youth
may request and in doing so will be granted a Level II hearing.
(c) Transition Movements before Initial or Revocation
Minimum Length of Stay.
(1) Eligibility. The following youth are not eligible
for transition movement before completion of the initial or revocation
minimum length of stay:
(A) sentenced offenders; and
(B) sex offenders with court orders deferring their
sex offender registration requirements who have not successfully completed
an assigned sexual behavior treatment program.
(2) Transition Movement Criteria. Youth in a high-restriction
facility may be eligible for transition to a medium-restriction facility
before completion of the initial or revocation minimum length of stay
when the following criteria have been met:
(A) no major rule violations proven at a Level II due
process hearing:
(i) within 60 days before the transition review or
during the approval process, for youth with committing offenses of
low or moderate severity; or
(ii) within 120 days before the transition review or
during the approval process, for youth with committing offenses of
high severity; and
(B) completion of the following:
(i) for youth who have not completed the initial minimum
length of stay:
(I) six months of the initial minimum length of stay
in high-restriction facilities if the youth has a committing offense
of low severity; or
(II) nine months of the initial minimum length of stay
in high-restriction facilities if the youth has a committing offense
of moderate severity; or
(III) all but six months of the initial minimum length
of stay in high-restriction facilities if the youth has a committing
offense of high severity; or
(ii) for youth placed in a high-restriction facility
following revocation of parole, at least two-thirds of the revocation
minimum length of stay; and
(C) participation in or completion of assigned specialized
treatment programs or curriculum as required under §380.8751
of this chapter; and
(D) completion of the following rehabilitation program
requirements:
(i) for TJJD-operated facilities, assignment to the
second-highest stage in the assigned rehabilitation program as described
in §380.8703 of this chapter; or
(ii) for facilities operated under contract with TJJD,
completion of requirements for transition to a community residential
placement as defined in the TJJD-approved rehabilitation program;
and
(E) completion of a criminal street gang intervention
program, if required by court order.
(3) Decision Authority for Approval of Transition.
The final decision authority ensures, before approving the transition,
that the youth meets all transition criteria and the community reentry/transition
plan adequately addresses risk factors.
(d) Transition Movements after Completion of Initial
or Revocation Minimum Length of Stay.
(1) Eligibility. The following youth are not eligible
for transition movement after completion of the initial or revocation
minimum length of stay:
(A) sentenced offenders; and
(B) sex offenders with court orders deferring their
sex offender registration requirements who have not successfully completed
an assigned sexual behavior treatment program.
(2) Transition Movement Criteria. Youth in a high-restriction
facility may be eligible for transition to a medium-restriction facility
after completion of the initial or revocation minimum length of stay
when the following criteria have been met:
(A) no major rule violations proven at a Level II due
process hearing within 30 days before the transition review or during
the approval process;
(B) participation in or completion of assigned specialized
treatment programs or curriculum as required under §380.8751
of this chapter; and
(C) completion of a criminal street gang intervention
program, if required by court order.
(3) Decision Authority for Approval of Transition.
The final decision authority ensures, before approving the transition,
that the youth meets all transition criteria and the community reentry/transition
plan adequately addresses risk factors.
(e) Population Control Movements.
(1) When overpopulation occurs in a high-restriction
facility and other remedial actions are not successful in managing
facility populations, non-sentenced offender youth who do not otherwise
qualify may be released or transitioned. In such cases, the executive
director establishes the criteria, taking into account factors including,
but not limited to, the following:
(A) progress in the rehabilitation program;
(B) amount of the minimum length of stay completed;
(C) severity of the committing offense;
(D) completion of required specialized treatment programs;
(E) participation in or completion of any statutorily
required rehabilitation programming; and
(F) current risk assessment.
(2) Youth will be transitioned to a suitable TJJD-operated
medium-restriction placement or contract-care facility or will be
released to a suitable home or home substitute.
(f) Administrative Transfers. Administrative transfers
may be made for non-disciplinary, programmatic purposes among facilities
of equal restriction without a due process hearing. An administrative
transfer may not be made in lieu of a disciplinary transfer. A due
process hearing is required for a disciplinary transfer.
(g) Reassignment of Youth Initially Eligible for Placement
in a Medium-Restriction Facility. A youth may be reassigned to a medium-restriction
facility if the youth was initially eligible for such placement under §380.8521
of this chapter but was placed in a high-restriction facility in order
to address one or more placement system factors that could not be
appropriately addressed in a medium-restriction facility. These youth
are not required to meet transition criteria set forth in subsections
(c) or (d) of this section.
(h) Conditional Placements.
(1) Eligibility. The following youth are not eligible
for conditional placement:
(A) sentenced offenders; and
(B) sex offenders with court orders deferring their
sex offender registration requirements who have not successfully completed
an assigned sexual behavior treatment program.
(2) Criteria for Conditional Placement.
(A) Before the Initial Minimum Length of Stay. To be
considered for a conditional placement before completing the initial
minimum length of stay, a youth must meet all program completion criteria
set forth in §380.8555 of this chapter, with the exception of
the requirement to complete the minimum length of stay.
(B) After the Initial Minimum Length of Stay. A youth
may be considered for a conditional placement after completing the
initial minimum length of stay when the following criteria have been
met:
(i) staff have determined that, due to the youth's
treatment needs, the conditional placement would be in the youth's
best interests;
(ii) the youth has participated in or completed assigned
specialized treatment as required under §380.8751 of this chapter;
and
(iii) the youth has completed a criminal street gang
intervention program, if required by court order.
(3) Conclusion of Conditional Placement. A conditional
placement ends when:
(A) the youth is assigned to a medium-restriction facility
or home placement because the youth:
(i) earns parole status under §380.8555 of this
chapter or is placed on parole status under §380.8557 of this
chapter;
(ii) is transitioned to a medium-restriction facility
under subsection (c) or (d) of this section; or
(iii) is reassigned to a medium-restriction facility
under subsection (g) of this section;
(B) the youth is discharged under §380.8557 or §380.8595
of this chapter; or
(C) the youth is returned to the sending facility through
a Level II due process hearing held in accordance with §380.9555
of this chapter for reasons including, but not limited to:
(i) commission of a rule violation listed in §380.9503
or §380.9504 of this chapter;
(ii) violation of the conditional placement agreement;
or
Cont'd... |
