| (a) Purpose. This policy establishes limits on the
personal property a youth may possess while assigned to a residential
facility. Restrictions on personal property are necessary to maintain
facility order and to provide a safe environment that is conducive
to rehabilitation. This rule also defines items that are considered
contraband in a residential setting.
(b) Applicability. This rule applies to high and medium
restriction facilities operated by TJJD.
(c) Definitions.
(1) Contraband--includes any of the following:
(A) Any item which is a crime to possess under municipal
ordinances or state or federal law, including solvent inhalants, drugs
(including synthetic drugs), and alcohol.
(B) Unauthorized prescription drugs or over-the-counter
medication. For example, possession of medication:
(i) not prescribed to the youth;
(ii) in excess of the amount prescribed;
(iii) without the consent or knowledge of staff; or
(iv) at an unauthorized time.
(C) Narcotics paraphernalia.
(D) Jewelry (high restriction facilities only).
(E) Items that can be used, made, or adapted for use
as a weapon.
(F) Pictures, printouts, or drawings that depict exploitive
or sexually explicit male or female nudity or partial nudity or sexual
acts, including magazines or periodicals that routinely publish such
pictures.
(G) Posters, printouts, pictures, magazines, periodicals,
clothing, or any other items with slogans, mottos, or emblems that
are obscene, advocate illegal or immoral conduct, hold individuals
or groups up to ridicule, advocate violence, or reinforce delinquent
subcultural values, or in any way disrupt programs or activities.
(H) Money, except in medium restriction facilities
during an approved activity.
(I) Gambling paraphernalia such as dice or playing
cards.
(J) Devices that have been fashioned to produce tattoos.
(K) Any item not listed on the youth's personal property
and clothing inventory (other than personal letters or photographs),
including any articles of clothing that have been altered from the
original design.
(2) Possession--having care, custody, or control of
an item.
(d) Prohibition on Contraband.
(1) Youth are prohibited from possessing contraband.
Youth found in possession of contraband are subject to disciplinary
consequences in accordance with §380.9503 of this title.
(2) Seized contraband is disposed of in accordance
with §380.9711 of this title.
(e) Authorized Personal Property.
(1) At the Orientation and Assessment Unit, youth are
not permitted to possess any personal property except for medically
necessary items. If a youth arrives at the Orientation and Assessment
Unit with personal property other than medically necessary items,
TJJD staff members inventory the property and return it to the county
transporter.
(2) At facilities other than the Orientation and Assessment
Unit, youth may possess personal letters, photographs, approved religious
items, and medically necessary items. Youth may be allowed to possess
additional personal property as earned privileges based on the youth's
progress in the TJJD rehabilitation program. TJJD staff members maintain
a current inventory of each youth's personal property other than pictures
and letters. A copy of the inventory is given to the youth.
(3) Due to space limitations and fire safety regulations,
the number or amount of personal items a youth may possess is limited
to what will fit in the youth's designated storage space in a neat
and orderly manner.
(A) The size of the designated storage space provided
to each youth is dependent on the facility's physical plant and dorm
configuration.
(B) No youth will be denied the right to possess a
type of item allowed by this rule due to inadequate storage space.
However, TJJD may limit the number or amount of a specific type of
item.
(C) Youth may personalize their areas within reasonable
guidelines. Items on walls in bedrooms will be limited to space available
on individual bulletin boards.
(4) For youth with a documented history of self-harm,
TJJD may restrict access to certain possessions that are otherwise
allowed if the item(s) may be used for self-harming behavior. These
restrictions are made on a case-by-case basis and documented.
(5) TJJD is not liable for and will not replace lost,
stolen, or damaged personal items of youth unless the loss or damage
can be shown to have resulted from staff negligence.
(6) When a youth is transferred to another facility,
TJJD transports any personal property or clothing the youth is allowed
to possess to the new facility.
(7) Youth may not give, take, borrow, steal, or trade
possessions with other youth.
(8) A youth who escapes is considered to have abandoned
his/her property. TJJD will notify the youth's parents, guardian,
or managing conservator that the property will be disposed of in 30
days unless shipping COD is authorized. Should a youth be returned
before the end of the 30-day period, TJJD will make reasonable efforts
to return any property remaining at the facility.
(9) Parents and youth are notified in writing of the
rules relating to personal possessions.
(f) Restrictions on Makeup. The following restrictions
on possessing makeup apply only to youth in high restriction facilities.
(1) Makeup may not be shared among youth.
(2) Boys are not permitted to wear makeup, except as
allowed by the facility administrator on a case-by-case basis.
(3) Youth are not permitted to possess talcum powder,
aerosol products, products in metal or glass containers, lip liner
pencils, eyeliner (liquid or pencil), eye shadow (cream, powder, or
pencil), eyebrow pencil, eyelash curler, loose powder, waterproof
cosmetics, or nail polish. TJJD may place additional restrictions
on certain types or brands of makeup or hygiene products based on
safety concerns such as alcohol content or toxicity.
(g) Restrictions on Purchased Items. The following
restrictions on purchasing items apply only to youth in high restriction
facilities.
(1) The only items youth are permitted to purchase
are:
(A) personal clothing;
(B) shoes;
(C) makeup and other hygiene products; and
(D) any items stocked in the facility commissary.
(2) All purchases for a youth must be made using money
from the youth's student trust fund in accordance with §380.9931
of this title. Staff members are prohibited from taking money directly
from youth for this purpose.
(3) Purchased items must be:
(A) purchased from the facility's commissary; or
(B) shipped directly from the vendor to the facility.
Shipments are searched for contraband in accordance with §380.9315
of this title. Youth are not permitted to receive personal items during
visitation.
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| Source Note: The provisions of this §380.9107 adopted to be effective April 27, 2003, 28 TexReg 3520; amended to be effective January 16, 2006, 30 TexReg 8451; amended to be effective July 19, 2006, 31 TexReg 5666; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976 |
