| (a) Purpose. This rule establishes the actions that
constitute violations of the rules of conduct for residential facilities.
Violations of the rules may result in disciplinary consequences that
are proportional to the severity and extent of the violation. Appropriate
due process, including a consideration of extenuating circumstances,
shall be followed before imposing consequences.
(b) Applicability. This rule applies to youth assigned
to residential facilities operated by the Texas Juvenile Justice Department
(TJJD).
(c) Definitions. The following terms, as used in this
rule, have the following meanings unless the context clearly indicates
otherwise.
(1) Attempt to Commit--a youth, with specific intent
to commit a rule violation, engages in conduct that amounts to more
than mere planning that tends but fails to effect the commission of
the intended rule violation.
(2) Bodily Injury--physical pain, illness, or impairment
of physical condition. Fleeting pain or minor discomfort does not
constitute bodily injury.
(3) Direct Someone to Commit--occurs when:
(A) a youth communicates with another youth;
(B) the communication is intended to cause the other
youth to commit a rule violation; and
(C) the other youth commits or attempts to commit a
rule violation.
(4) Possession--actual care, custody, control, or management.
It does not require the item to be on or about the youth's person.
(d) General Provisions.
(1) Formal incident reports are completed for alleged
rule violations as required by internal operational procedures.
(2) A formal incident report is not proof that a youth
committed an alleged rule violation. Only rule violations that are
proven through a Level I or Level II due process hearing in accordance
with §380.9551 or §380.9555 of this title, respectively,
are considered proven and are considered a part of a youth's disciplinary
record. A formal incident report is not appealable or grievable; only
disciplinary consequences may be appealed or grieved, as provided
below.
(3) When a youth is found to be in possession of prohibited
money as defined in this rule, a Level II hearing is required to seize
the money. Seized money shall be placed in the student benefit fund
in accordance with §380.9555 of this title.
(e) Disciplinary Consequences.
(1) Disciplinary consequences shall be established
in writing in TJJD's procedural manuals. Appropriate disciplinary
consequences may be imposed only if the consequences are established
in writing in TJJD's procedural manuals prior to the occurrence of
the conduct for which the consequence is issued.
(2) Disciplinary consequences may include, but are
not limited to, the following:
(A) suspension of privileges;
(B) restriction from planned activities;
(C) trust-fund restriction; and
(D) disciplinary transfer to a high-restriction facility
(available only for youth on institutional status in a medium-restriction
facility).
(3) The following are prohibited as disciplinary consequences:
(A) corporal or unusual punishment;
(B) subjecting a youth to humiliation, harassment,
or physical or mental abuse;
(C) subjecting a youth to personal injury;
(D) subjecting a youth to property damage or disease;
(E) punitive interference with the daily functions
of living, such as eating or sleeping;
(F) purposeless or degrading work, including group
exercise as a consequence;
(G) placement in the intervention program under §380.9510
of this title;
(H) disciplinary isolation; and
(I) extending a youth's stay in a TJJD facility.
(4) A Level II hearing is required before imposing
a disciplinary consequence that materially alters a youth's living
conditions, including disciplinary transfer from a medium-restriction
facility to a high-restriction facility. TJJD's procedural manuals
will specify which disciplinary consequences require a Level II hearing.
Disciplinary consequences requiring a Level II hearing are considered
major consequences.
(5) If a Level II hearing is not required, the following
must occur before imposing disciplinary consequences for a youth in
a high-restriction facility:
(A) a written description of the incident must be prepared;
(B) staff must tell the youth which rule violation
the youth allegedly committed and describe the information staff has
that establishes the youth committed it;
(C) staff must tell the youth what disciplinary consequence(s)
staff is considering imposing; and
(D) the youth must be given the opportunity to address
the allegation, including providing any extenuating circumstances
and information on the appropriateness of the intended consequence(s).
(6) If a Level II hearing is not required, a Level
III hearing must occur before imposing disciplinary consequences for
a youth in a medium-restriction facility, in accordance with §380.9557
of this title.
(f) Review and Appeal of Consequences.
(1) All disciplinary consequences shall be reviewed
for policy compliance by the facility administrator or designee within
three calendar days after issuance. The reviewing staff shall not
be the staff who issued the discipline.
(2) The reviewing staff may remove or reduce any disciplinary
consequence determined to be excessive or not validly related to the
nature or seriousness of the conduct.
(3) Youth may appeal disciplinary consequences issued
through a Level II hearing by filing an appeal in accordance with §380.9555
of this title.
(4) Youth in medium-restriction facilities may appeal
disciplinary consequences issued through a Level III hearing by filing
an appeal in accordance with §380.9557 of this title.
(5) Youth in high-restriction facilities may grieve
disciplinary consequences issued without a Level II hearing by filing
a grievance in accordance with §380.9331 of this title.
(g) Major Rule Violations. It is a violation to knowingly
commit, attempt to commit, direct someone to commit, or aid someone
else in committing any of the following:
(1) Assault of Another Youth (No Injury)--intentionally,
knowingly, or recklessly engaging in conduct with the intent to cause
bodily injury to another youth but the conduct does not result in
bodily injury.
(2) Assault of Staff (No Injury)--intentionally, knowingly,
or recklessly engaging in conduct with the intent to cause bodily
injury to a staff member, contract employee, or volunteer with the
intent to cause injury but the conduct does not result in bodily injury.
(3) Assault Causing Bodily Injury to Another Youth--intentionally,
knowingly, or recklessly engaging in conduct that causes another youth
to suffer bodily injury.
(4) Assault Causing Bodily Injury to Staff--intentionally,
knowingly, or recklessly engaging in conduct that causes a staff member,
contract employee, or volunteer to suffer bodily injury.
(5) Attempted Escape--committing an act with specific
intent to escape that amounts to more than mere planning that tends
but fails to effect an escape.
(6) Chunking Bodily Fluids--causing a person to contact
the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces
of another with the intent to harass, alarm, or annoy another person.
(7) Distribution of Prohibited Substances--distributing
or selling any prohibited substances or items.
(8) Escape--leaving a high-restriction residential
placement without permission or failing to return from an authorized
leave.
(9) Extortion or Blackmail--demanding or receiving
favors, money, actions, or anything of value from another in return
for protection against others, to avoid bodily harm, or in exchange
for not reporting a violation.
(10) Fighting Not Resulting in Bodily Injury--engaging
in a mutually instigated physical altercation with another person
or persons that does not result in bodily injury.
(11) Fighting That Results in Bodily Injury--engaging
in a mutually instigated physical altercation with another person
or persons that results in bodily injury.
(12) Fleeing Apprehension--running from or refusing
to come to staff when called and such act results in disruption of
facility operations.
(13) Misuse of Medication--using medication provided
to the youth by authorized personnel in a manner inconsistent with
specific instructions for use, including removing the medication from
the dispensing area.
Cont'd... |
