| (a) Purpose. This rule establishes a Release Review
Panel to determine whether a youth who has completed the minimum length
of stay should be discharged from the custody of the Texas Juvenile
Justice Department (TJJD), released under supervision, or given an
extended length of stay. This rule also establishes a process to request
reconsideration of an order issued by the Release Review Panel.
(b) Applicability. This rule applies to all youth committed
to TJJD without a determinate sentence who have completed the minimum
length of stay and have not been approved for release under §380.8555
of this chapter.
(c) Definitions. Except as specified in this subsection,
see §380.8501 of this chapter for definitions of terms used in
this rule. The following terms, as used in this rule, have the following
meanings unless the context clearly indicates otherwise.
(1) Clear and Convincing Evidence--a standard of proof
meaning that measure or degree which will produce in the mind of the
trier of facts a firm belief or conviction as to the position sought
to be established; more than a preponderance of the evidence, but
less than beyond a reasonable doubt.
(2) Extension Length of Stay--a period of time in addition
to the minimum length of stay that a youth is required to remain in
residential placements.
(3) Major Rule Violation--a violation in the most serious
category of rule violations for residential facilities, as listed
in §380.9503 of this chapter.
(4) Release Review Panel (or Panel)--the TJJD Central
Office staff members appointed to determine if a youth who has completed
the minimum length of stay will be discharged, released, or given
an extension length of stay.
(5) Residential Placement--a high- or medium-restriction
facility, as defined in §380.8527 of this chapter.
(6) Victim--any victim who has requested notification
of release or discharge proceedings.
(d) General Provisions.
(1) Panel Members.
(A) The panel must consist of an odd number of members
appointed by the executive director for terms of at least two years.
(B) Each member of the panel must be a TJJD employee
who works at the TJJD Central Office. Panel members may not be involved
in any supervisory decisions concerning youth in the custody of TJJD.
(2) Evidence Used by the Panel.
(A) The panel may review any information relevant to
the youth's progress and rehabilitation, irrespective of the form
of the information.
(B) The youth, the parent/guardian of the youth, or
victims of the youth may submit information for the panel's consideration.
Information and arguments should be submitted to the panel in writing
on or before the expiration of the youth's minimum length of stay
or, if applicable, the expiration of the extension length of stay.
The youth may request assistance from any TJJD staff member or volunteer
in communicating with the panel.
(C) The parent/guardian, victim, or person representing
the youth, if any, may make a written request for personal communication
with a member of the panel before the expiration of the youth's minimum
length of stay or, if applicable, the expiration of the extension
length of stay. If the panel approves the request, the panel will
schedule the communication, which may be in person, via telephone,
or via videoconference.
(D) The panel may, at its discretion, interview the
youth or any other individual who may have information relevant to
the youth's rehabilitation needs. When notified that an attorney or
other representative is assisting the youth with the review, the panel
must notify the representative of any scheduled interviews with the
youth prior to conducting the interview. A youth's refusal to speak
to the panel is not held against the youth when making the release
decision.
(E) To be considered as a factor in a determination
to extend a youth's stay, a violation of the rules of conduct must
have been proven via due process that provides advance written notice
of the alleged violation, a written statement by the fact finder of
the evidence relied upon and the reason for the decision, an opportunity
to call witnesses and present evidence, and a neutral decision maker.
Documented behaviors that do not result in a rule violation being
proven true in a due process hearing may still provide evidence of
continuing conduct that the panel may consider in making its decision.
(3) Deadline for Release or Discharge.
(A) If the panel determines that a youth's length of
stay should not be extended, TJJD must release or discharge the youth
no later than 15 calendar days after the date of the panel decision,
except as provided by subparagraph (B) of this paragraph.
(B) A request for reconsideration of a release or discharge
order may temporarily delay the release or discharge of the youth
until the panel reaches a decision on the request in accordance with
timeframes established in subsection (h) of this section.
(4) Extension Length of Stay. An extension length of
stay may be assigned only by the panel and only in accordance with
the provisions of this rule.
(e) Completion of Minimum Length of Stay.
(1) Referral to the Panel. Upon receipt of a referral
regarding a youth who has not met program completion criteria as set
out in §380.8555 of this chapter, the following actions shall
occur.
(A) The youth, parent/guardian, and any victims shall
be notified that the case has been referred to the panel for review.
(B) Before the date the minimum length of stay expires,
staff will make available to the panel any information relevant to
the decision on whether the youth is in need of additional rehabilitation
in a residential placement.
(2) Panel Decision.
(A) No later than 30 calendar days after expiration
of the youth's minimum length of stay, the panel shall make a determination
as to whether TJJD will discharge the youth, release the youth, or
extend the youth's stay in a residential placement.
(B) The panel may extend the youth's stay only if the
panel determines by majority vote that there is clear and convincing
evidence that:
(i) the youth is in need of additional rehabilitation
from TJJD; and
(ii) a residential placement will provide the most
suitable environment for that rehabilitation.
(C) The panel's determination may include assessments
of factors including, but not limited to, the following:
(i) the youth's efforts to reduce individual risk factors
and increase individual protective factors;
(ii) the degree and quality of the youth's participation
in available treatment programs, including statutorily required or
court-ordered treatment programs;
(iii) the youth's behavior while at TJJD; and
(iv) whether there are any public safety issues related
to releasing or discharging the youth.
(D) The youth, parent/guardian, victim, and any attorney
or representative of the youth are notified of the panel's determination
regarding extension of stay, release, or discharge.
(E) If the panel extends the length of a youth's stay,
the panel shall:
(i) specify the additional period of time that the
youth is required to remain in residential placements; and
(ii) provide a written report explaining the reason
for the extension to the youth, parent/guardian, and any attorney
or representative of the youth. The report must be provided no later
than ten calendar days after the date of the panel decision.
(f) Completion of Extension Length of Stay.
(1) Referral to the Panel. Upon receipt of a referral
regarding a youth who has not met program completion criteria as set
out in §380.8555 of this chapter, the following actions shall
occur.
(A) The youth, the youth's parent/guardian, and the
attorney or representative of the youth, if any, shall be notified
that the youth's case is pending review before the panel.
(B) Before the date the extension length of stay expires,
staff will make available to the panel any information relevant to
the decision on whether the youth is in need of additional rehabilitation
in a residential placement.
(2) Panel Decision. No later than 30 calendar days
after expiration of the youth's extension length of stay, the panel
will conduct a review and make a determination to discharge the youth,
release the youth, or extend the length of stay in a residential placement.
The panel shall send notification to the youth, the youth's parent/guardian,
any victims, and the attorney or representative of the youth, if any,
of the decision within ten calendar days after the date of the decision.
(g) Request for Reconsideration of an Extension Order.
(1) A request for reconsideration of an extension order
may be submitted by:
Cont'd... |
