| (a) Purpose. This rule establishes the actions that
constitute violations of the rules of conduct youth are expected to
follow while under parole supervision. Violations of the rules may
result in disciplinary consequences, including revocation of parole,
that are proportional to the severity and extent of the violation.
Appropriate due process must be followed before imposing consequences.
(b) Applicability.
(1) This rule applies to youth on parole status who
are assigned to a home placement.
(2) For parole revocation purposes, this rule also
applies to youth on parole status who are assigned to a residential
placement as a home substitute. However, this rule does not apply
to the daily rules of conduct for these youth. For the daily rules
of conduct, see §380.9503 of this chapter.
(c) General Provisions.
(1) Conditions of parole are provided to the youth
before release on parole.
(2) Conditions of parole, including the rules of conduct,
are reviewed with youth when they initially meet with their parole
officers and at other times as necessary.
(3) Repeated violations of any rule of conduct may
result in more serious disciplinary consequences.
(d) Definitions. Possession--actual care, custody,
control, or management. It does not require the item to be on or about
the youth's person.
(e) Parole Rule Violations. It is a violation to knowingly
commit, attempt to commit, or aid someone else in committing any of
the following:
(1) Abscond--leaving a home placement or failing to
return from an authorized leave when:
(A) the youth's parole officer did not give permission;
and
(B) the youth's whereabouts are unknown to the youth's
parole officer.
(2) Failure to Comply with Sex Offender Conditions
of Parole--intentionally or knowingly failing to comply with one of
the following conditions present in the youth's sex offender conditions
of parole addendum:
(A) do not have unsupervised contact with children
under the age specified by the conditions of parole;
(B) do not babysit or participate in any activity where
the youth is responsible for supervising or disciplining children
under the age specified by the conditions of parole; or
(C) do not initiate physical contact or touching of
any kind with a child, victim, or potential victim.
(3) Failure to Report an Arrest or Citation--failing
to report an arrest or receipt of a citation to the youth's parole
officer within 24 hours of arrest or citation.
(4) Possessing, Selling, or Attempting to Purchase
Ammunition--possessing, selling, or attempting to purchase ammunition.
(5) Possessing, Selling, or Attempting to Purchase
a Weapon--possessing, selling, or attempting to purchase a weapon
or an item that has been made or adapted for use as a weapon.
(6) Refusing a Drug Screen--refusing to take a drug
screen when requested to do so by staff or tampering with or contaminating
the urine sample provided for a drug screen.
(7) Repeated Non-Compliance with a Written, Reasonable
Request of Staff--failing on two or more occasions to comply with
a specific condition of release under supervision and/or a specific
written, reasonable request of staff. If the request requires the
youth to do something daily or weekly, the two failures to comply
must be within a 30-day period. If the request requires the youth
to do something monthly, the two failures to comply must be within
a 60-day period.
(8) Photos, Videos, or Social Media Posts with Weapon,
Ammunition, or Unauthorized Substance--appearing in photos, videos,
or other images, whether or not posted to social media, with any weapon,
ammunition, or unauthorized substance or related paraphernalia, including
any object that reasonably resembles a weapon, ammunition, or unauthorized
substance or related paraphernalia. The term weapon includes, but
is not limited to, guns, explosive devices, knives, blades, and clubs.
The term related paraphernalia includes, but is not limited to, items
used to make or deliver unauthorized substances.
(9) Tampering with Monitoring Equipment--a youth intentionally
or knowingly tampers with monitoring equipment assigned to any youth.
(10) Unauthorized Absence--leaving a medium-restriction
residential placement without permission or failing to return from
an authorized leave.
(11) Possession or Use of Unauthorized Substances--possessing,
ingesting, inhaling, or otherwise consuming any unauthorized substance,
including controlled substances or intoxicants, medications not prescribed
for the youth by authorized medical or dental staff, alcohol or tobacco
products, or related paraphernalia such as that used to deliver or
make any unauthorized substance.
(12) Violation of Any Law--violating a federal or state
law or municipal ordinance.
(f) Possible Consequences.
(1) A parole rule violation may result in a Level I
hearing or a Level III hearing conducted in accordance with §380.9551
or §380.9557 of this chapter, respectively. Parole officers are
encouraged to be creative in determining a consequence appropriate
to address and correct the youth's behavior. Staff should use evidence-based
interventions that relate to the youth's risk, needs, and responsivity
when appropriate. All assigned consequences should be related to the
misconduct when possible.
(2) Consequences through a Level III hearing for a
youth on parole include, but are not limited to:
(A) Verbal Reprimand--conference with a youth including
a verbal reprimand that draws attention to the misbehavior and serves
as a warning that continued misbehavior could result in more severe
consequences.
(B) Curfew Restriction--an immediate change in existing
curfew requirements outlined in the youth's conditions of parole.
(C) Community Service Hours--disciplinary assignment
of a specific number of hours the youth is to perform community service
in addition to the hours assigned when the youth was placed on parole.
In no event may more than 20 community service hours be assigned through
a Level III hearing.
(D) Increased Level of Supervision--an assigned increase
in the number of primary contacts between the youth and parole officer
in order to increase the youth's accountability.
(E) Electronic Tracking--assignment to a system that
electronically tracks a youth's movement and location.
(F) Writing Assignment--an assignment designed for
the youth to address the misbehavior and identify appropriate behavior
in similar situations.
(3) Consequences through a Level I hearing for a youth
on parole, including youth assigned to a residential placement as
a home substitute, include:
(A) parole revocation and placement in any high- or
medium-restriction program operated by or under contract with the
Texas Juvenile Justice Department; and
(B) assignment of a length of stay consistent with §380.8525
of this chapter.
|
| Source Note: The provisions of this §380.9504 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective October 18, 2022, 47 TexReg 6887 |
