| (a) Purpose. This rule establishes criteria and the
approval process for transferring sentenced offenders adjudicated
for capital murder to the Texas Department of Criminal Justice-Parole
Division (TDCJ-PD) or the Texas Department of Criminal Justice-Correctional
Institutions Division (TDCJ-CID).
(b) Applicability. This rule applies only to sentenced
offenders adjudicated for capital murder.
(c) General Provisions.
(1) 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.
(2) TJJD reviews each youth's progress:
(A) six months after admission to TJJD;
(B) when the youth becomes 16 years of age;
(C) 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 TDCJ-PD; and
(D) at other times as appropriate, such as after a
major rule violation has been proven at a Level II hearing.
(3) Youth whose committing offense is capital murder
must serve the entire minimum period of confinement applicable to
the youth's committing offense in high-restriction facilities unless:
(A) the youth is transferred by the committing court
to TDCJ-CID;
(B) the youth is approved by the committing court to
attain parole status before completion of the minimum period of confinement;
or
(C) the youth's sentence expires before the minimum
period of confinement expires.
(4) A youth who has not received court approval to
transfer to TDCJ-CID must be transferred to TDCJ-PD no later than
age 19.
(5) 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) Recommendation for Committing Court upon Termination
of TJJD's Jurisdiction. TJJD makes a recommendation to the committing
court for transfer to TDCJ-PD or TDCJ-CID before a youth turns 19.
TJJD considers the following factors in forming its recommendation:
(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 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.
(e) Transfer to TDCJ-CID before Termination of TJJD's
Jurisdiction. 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:
(1) the youth is at least age 16; and
(2) the youth has spent at least six months in high-restriction
facilities, which is counted as follows:
(A) if the youth received a determinate sentence for
conduct that occurred in the community, the six months begins upon
admission to TJJD; or
(B) 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
(3) the youth has not completed the sentence; and
(4) the youth meets at least one of the following behavior
criteria:
(A) the youth has committed a felony or Class A misdemeanor
while assigned to a residential facility; or
(B) the youth has committed major rule violations as
proven at a Level II hearing on three or more occasions; or
(C) 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
(D) the youth has demonstrated an unwillingness to
progress in the rehabilitation program due to persistent non-compliance
with objectives; and
(5) alternative interventions have been tried without
success; and
(6) the youth's conduct indicates that the welfare
of the community requires the transfer.
(f) 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.
(4) 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.
(5) A youth may not be transferred to TDCJ-CID unless
the committing juvenile court orders the transfer.
(g) Active Warrants. At least ten calendar days before
the youth's transfer, TJJD notifies any entity that has issued an
active warrant for the youth.
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| Source Note: The provisions of this §380.8569 adopted 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 |
