| (a) Purpose. The purpose of this rule is to establish
criteria and the approval process for release of youth upon program
completion.
(b) Applicability.
(1) This rule does not apply to sentenced offenders.
(2) This rule does not apply to decisions by the Release
Review Panel. See §380.8557 of this chapter for more information
on the Release Review Panel.
(c) General Provisions. A detainer or bench warrant
is not an automatic bar to earned release. The Texas Juvenile Justice
Department (TJJD) releases youth to authorities pursuant to a warrant.
(d) Program Completion Criteria. Youth in high- or
medium-restriction facilities are eligible for release to TJJD parole
when the following criteria have been met:
(1) no major rule violations proven at a Level II due
process hearing within 30 days before the program completion review
or during the approval process; and
(2) completion of the minimum and/or extension length
of stay; and
(3) participation in or completion of assigned specialized
treatment programs or curriculum as required under §380.8751
of this chapter; and
(4) completion of the following rehabilitation program
requirements:
(A) for TJJD-operated facilities, assignment to the
highest stage in the assigned rehabilitation program as described
in §380.8703 of this chapter; or
(B) for facilities operated under contract with TJJD,
completion of requirements for release to parole as defined in the
TJJD-approved rehabilitation program; and
(5) participation in or completion of any statutorily
required rehabilitation programming, including but not limited to:
(A) participation in a reading improvement program
for identified youth to the extent required under §380.9155 of
this chapter;
(B) participation in a positive behavior support system
to the extent required under §380.9155 of this chapter; and
(C) completion of at least 12 hours of a gang intervention
education program, if required by court order.
(e) Review and Approval Process.
(1) Program Completion Review.
(A) Before the expiration of a youth's initial or revocation
minimum length of stay and before the expiration of an extension length
of stay, a program completion review is conducted to determine whether
the youth appears to meet program completion criteria.
(B) If it is determined the youth does not meet program
completion criteria, the youth's case is referred to the Release Review
Panel. Staff will discuss with the youth the reasons for the decision
to refer the youth's case to the panel.
(C) If it is determined the youth appears to meet program
completion criteria, the youth's case is referred to the final decision
authority.
(2) Final Decision Authority for Approval of Release.
(A) The final decision authority shall confirm whether
the youth meets all release criteria and ensure the community reentry/transition
plan adequately addresses risk factors prior to approving the release.
(B) If the final decision authority approves the release,
the youth must be placed on parole or parole status no later than
15 calendar days after the minimum length of stay date.
(C) If the final decision authority does not approve
the release, the youth's case is referred to the Release Review Panel.
(f) Loss of Release Eligibility. If a youth loses release
eligibility after the program completion review and before release
to parole, the youth's case is referred to the Release Review Panel.
(g) Active Warrants. At least ten calendar days before
the youth's release, TJJD notifies any entity that has issued an active
warrant for the youth.
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| Source Note: The provisions of this §380.8555 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective September 1, 2010, 35 TexReg 7871; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 1, 2022, 47 TexReg 2294 |
