| (a) Purpose. This rule establishes criteria and the
approval process for youth with determinate sentences to qualify for
release or transfer to parole by completing required programming.
(b) Applicability.
(1) This rule applies only to youth with a determinate
sentence who have not been adjudicated for capital murder. See §380.8569
for youth adjudicated for capital murder.
(2) This rule does not apply to sentenced offenders
who are discharged due to expiration of the sentence or transferred
to the Texas Department of Criminal Justice (TDCJ) by court order
or by aging out of the Texas Juvenile Justice Department (TJJD). See §380.8565
of this chapter.
(c) General Requirements.
(1) A detainer or bench warrant is not an automatic
bar to earned release. TJJD releases youth to authorities pursuant
to a warrant.
(2) TJJD reviews each youth's progress:
(A) six months after admission to TJJD;
(B) when the minimum period of confinement is complete;
(C) when the youth becomes 16 years of age;
(D) when the youth becomes 18 years of age and again
at 18 years and six months of age to determine eligibility or make
a recommendation for transfer to TDCJ-Correctional Institutions Division
(TDCJ-CID) or TDCJ-Parole Division (TDCJ-PD);
(E) within 45 days after revocation of parole, if applicable;
(F) when a youth who is past the minimum period of
confinement appears to meet program completion criteria; and
(G) at other times as appropriate, such as after a
major rule violation is proven at a Level II hearing.
(3) The youth must serve the entire minimum period
of confinement applicable to the committing offense in a high-restriction
facility unless:
(A) the youth is transferred to TDCJ-CID by the committing
court. See §380.8565 of this chapter;
(B) the youth is approved by the committing court to
attain parole status before completing the minimum period of confinement;
(C) the youth's sentence expires before the minimum
period of confinement expires; or
(D) the executive director waives the requirement that
the youth be assigned to a high-restriction facility. This subparagraph
does not allow a youth to be placed on parole status.
(d) Program Completion Criteria.
(1) The youth may be considered for release or transfer
to parole when the following criteria have been met:
(A) no major rule violations proven at a Level II due
process hearing within 90 days prior to the program completion 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;
(C) assignment to the highest stage in the rehabilitation
program as described in §380.8703 of this chapter;
(D) participation in or completion of any statutorily
required rehabilitation programming, including but not limited to:
(i) participation in a reading improvement program
for identified youth to the extent required under §380.9155 of
this chapter;
(ii) participation in a positive behavior support system
to the extent required under §380.9155 of this chapter; and
(iii) completion of at least 12 hours of a gang intervention
education program, if required by court order; and
(E) completion of:
(i) all but nine months of the sentence if the sentence
expires before or simultaneously with the minimum period of confinement;
or
(ii) the entire minimum period of confinement if the
sentence expires after the minimum period of confinement.
(2) Youth are released to TJJD parole unless the youth
meets program completion criteria within two months before the 19th
birthday, in which case the youth will be transferred to TDCJ-PD.
(e) Approval Process for Release or Transfer.
(1) TJJD notifies the youth and the youth's parent/guardian
of a pending program completion review. The notification informs the
recipients that they have the opportunity to present information in
person or to submit written comments to TJJD. The notification also
specifies the date by which the comments or the request to present
in-person information must be received.
(2) The final decision authority confirms whether the
youth meets all program completion criteria and ensures that the community
reentry/transition plan adequately addresses risk before approving
the release or transfer.
(f) Loss of Release or Transfer Eligibility.
(1) Eligibility for release or transfer is lost when
either of the following occurs after the program completion review:
(A) the youth commits a major rule violation that is
proven at a Level II due process hearing; or
(B) the youth is no longer assigned to the highest
stage in the agency's rehabilitation program.
(2) Except as described in paragraph (3) of this subsection,
a youth who loses release or transfer eligibility will not be eligible
for release or transfer until it is confirmed that the youth again
meets program completion criteria.
(3) If a youth is being considered for release or transfer
nine months before completion of the sentence and the youth loses
eligibility for release or transfer, the youth must remain in high
restriction until the sentence has expired.
(g) Release or Transfer Date. If the youth is approved
for release or transfer to parole, the youth is:
(1) released to TJJD parole within 60 calendar days
unless the youth loses release eligibility. If the youth loses release
eligibility, the release process is reinitiated when the youth again
meets program completion criteria; or
(2) transferred to TDCJ-PD on or before the youth's
19th birthday.
(h) Active Warrants. At least ten calendar days before
the youth's transfer or release, TJJD notifies any entity that has
issued an active warrant for the youth.
|
| Source Note: The provisions of this §380.8559 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 December 1, 2016, 41 TexReg 8626; amended to be effective May 1, 2022, 47 TexReg 2294 |
