| (a) Purpose. This rule establishes criteria and an
approval process for:
(1) requesting court approval to transfer sentenced
offenders to adult prison; and
(2) discharging sentenced offenders:
(A) whose sentences have expired; or
(B) who did not previously qualify for release or transfer
by completing required programming.
(b) Applicability.
(1) This rule applies only to the disposition of a
youth's determinate sentence(s).
(2) This rule applies only to sentenced offenders.
(3) This rule does not apply to:
(A) sentenced offenders who qualify for release or
transfer to parole by completing required programming. See §380.8559
of this chapter; or
(B) sentenced offenders adjudicated for capital murder.
See §380.8569 of this chapter.
(c) General Requirements.
(1) By law, a sentenced offender is transferred from
the custody of the Texas Juvenile Justice Department (TJJD) no later
than the youth's 19th birthday.
(2) The youth must serve the entire minimum period
of confinement that applies to the committing offense in a high-restriction
facility unless:
(A) the youth is transferred by the committing court
to the Texas Department of Criminal Justice - Correctional Institutions
Division (TDCJ-CID);
(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.
(3) 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-CID or to the Texas Department
of Criminal Justice - Parole Division (TDCJ-PD);
(E) within 45 days after revocation of parole, if applicable;
and
(F) at other times as appropriate, such as after a
major rule violation is proven at a Level II hearing.
(4) TJJD jurisdiction is terminated and a youth is
discharged when:
(A) the youth is transferred to TDCJ; or
(B) the youth's sentence has expired, except when the
youth is committed to TJJD under concurrent determinate and indeterminate
commitment orders as described in §380.8525 of this chapter.
(d) Transfer Criteria.
(1) Transfer to TDCJ-CID for Youth Whose Conduct Occurs
While on Parole Status.
TJJD may request a juvenile court hearing to recommend transfer
of a youth to TDCJ-CID if all of the following criteria are met:
(A) the youth's parole has been revoked or the youth
has been adjudicated or convicted of a felony offense occurring while
on parole status;
(B) the youth is at least age 16;
(C) the youth has not completed the sentence; and
(D) the youth's conduct indicates that the welfare
of the community requires the transfer.
(2) Transfer to TDCJ-CID for Youth Whose Conduct Occurs
While in a High-Restriction Facility. TJJD may request a juvenile
court hearing to recommend transfer of a youth in a high-restriction
facility to TDCJ-CID if the following criteria are met:
(A) the youth is at least age 16; and
(B) the youth has spent at least six months in high-restriction
facilities, which is counted as follows:
(i) if the youth received a determinate sentence for
conduct that occurred in the community, the six months begins upon
admission to TJJD; or
(ii) if the youth received a determinate sentence for
conduct that occurred in a TJJD or contract facility, the six months
begins upon the youth's initial admission to TJJD, regardless of whether
the initial admission resulted from a determinate or indeterminate
commitment; and
(C) the youth has not completed the sentence; and
(D) the youth meets at least one of the following behavior
criteria:
(i) the youth has committed a felony or Class A misdemeanor
while assigned to a residential facility; or
(ii) the youth has committed major rule violations
as proven at a Level II due process hearing on three or more occasions;
or
(iii) the youth has engaged in conduct that has resulted
in at least five security program admissions or extensions in one
month or ten in three months (see §380.9740 of this chapter for
information on the security program); or
(iv) the youth has demonstrated an unwillingness to
progress in the rehabilitation program due to persistent non-compliance
with objectives; and
(E) alternative interventions have been tried without
success; and
(F) the youth's conduct indicates that the welfare
of the community requires the transfer.
(3) Transfer to TDCJ-PD for Youth in Residential Facilities.
A youth in a residential facility who has not met program completion
criteria in §380.8559 of this chapter and who has not received
court approval for transfer to TDCJ-CID must be transferred to TDCJ-PD
no later than the youth's 19th birthday.
(4) Transfer to TDCJ-PD for Youth on TJJD Parole. A
youth on TJJD parole must be transferred to TDCJ-PD no later than
the youth's 19th birthday.
(e) Transfer Recommendation for Youth Who Will Not
Complete the Minimum Period of Confinement before Age 19. TJJD requests
a court hearing for any youth who cannot complete the minimum period
of confinement by the 19th birthday. The purpose of the hearing is
to determine whether the youth will be transferred to TDCJ-CID or
to TDCJ-PD. Notwithstanding the criteria in subsection (d)(2) of this
section, TJJD considers the following factors in forming a recommendation
for the committing court:
(1) length of stay in TJJD;
(2) youth's progress in the rehabilitation program;
(3) youth's behavior while in TJJD;
(4) youth's offense/delinquent history; and
(5) any other relevant factors, such as:
(A) risk factors and protective factors the youth possesses
as identified in the youth's psychological evaluation;
(B) the welfare of the community; and
(C) participation in or completion of 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.
(f) Discharge Criteria. TJJD discharges youth from
its jurisdiction when one of the following occurs:
(1) expiration of the sentence imposed by the juvenile
court, unless the youth is under concurrent commitment orders as described
in §380.8525 of this chapter; or
(2) the youth has been transferred to TDCJ-CID under
court order or transferred to TDCJ-PD.
(g) Approval Process for Transfer to TDCJ-CID or TDCJ-PD.
(1) Before staff submit a recommendation for transfer
to TDCJ-CID or TDCJ-PD, a determinate sentence review shall be held.
(2) TJJD notifies the youth and the youth's parent/guardian
of a pending determinate sentence 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.
(3) Approval from the final decision authority is required
before requesting a hearing with the committing juvenile court or
initiating a transfer to TDCJ-PD.
(4) A hearing with the committing juvenile court shall
be requested when a youth cannot complete the minimum period of confinement
before age 19.
(5) The final decision authority ensures the youth's
community reentry/transition plan adequately addresses risk factors
before approving the transfer from a high-restriction facility to
TDCJ-PD.
(6) A youth may not be transferred to TDCJ-CID unless
the committing juvenile court orders the transfer.
(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 §380.8565 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 |
