| (a) Purpose. The Texas Juvenile Justice Department
(TJJD) operates Security Programs at its high-restriction facilities
to temporarily remove youth who engage in certain dangerous or disruptive
behaviors from the general campus population. This rule establishes
admission criteria, service delivery requirements, security provisions,
and requirements for due process and administrative review for youth
admitted to the Security Program.
(b) Applicability. This rule applies to TJJD-operated
high-restriction facilities that operate security units.
(c) Definitions. Security Unit--a designated building
on the campus of a high-restriction TJJD facility that contains individual
rooms and a central control station. Entry to and exit from the building
are controlled exclusively by staff.
(d) General Provisions.
(1) Confinement in the Security Program may not be
used as punishment or as a convenience for staff.
(2) Youth are afforded all basic youth rights established
in §380.9301 of this title while confined in the Security Program.
(3) Except as otherwise authorized by the division
director over residential services or designee on a case-by-case basis,
confinement in the Security Program may not exceed five calendar days
or a maximum of 120 hours.
(4) The Security Program is operated within the security
unit, except as provided or permitted by other TJJD administrative
rules.
(e) Admission Criteria. A youth may be admitted to
the Security Program when there is a reasonable belief the youth has
committed a minor rule violation that warrants referral to the security
unit or a major rule violation and:
(1) the youth is a serious and continuing escape risk;
(2) the youth is a serious and immediate physical danger
to others and staff cannot protect them except by admitting the youth
to the Security Program;
(3) confinement is necessary to prevent imminent and
substantial damage to property;
(4) confinement is necessary to control behavior that
disrupts programming to the extent that the current program cannot
continue except by admitting the youth to the Security Program; or
(5) the youth is likely to interfere with a pending
or ongoing investigation or a requested or scheduled due process hearing.
(f) Admission Process.
(1) Within one hour after a youth's arrival at the
security unit (or up two hours if an extension is approved by the
facility administrator or designee), a staff member must:
(A) return the youth to the general population; or
(B) hold a Level III hearing in accordance with §380.9557
of this title to determine whether admission criteria have been met.
The staff member who conducts the review must not have been involved
in the referral to the Security Program.
(2) If admission criteria are not met, the youth must
be returned to the general population immediately.
(3) If admission criteria are met, the youth may be
admitted to the Security Program for up to 24 hours.
(g) Extension Process.
(1) Extension Criteria.
(A) An extension may be authorized if the following
criteria are met, as established through a Level III hearing conducted
in accordance with §380.9557 of this title:
(i) based on current behavior, one or more of the admission
criteria listed in subsection (e)(1)-(5) of this section continue
to be present; or
(ii) there is documented evidence that the youth is
not complying with the Security Program rules of conduct.
(B) Each extension is valid for up to 24 hours.
(C) No more than four extensions may be authorized
by facility staff without approval from the division director over
residential services or his/her designee, as described in paragraph
(2) of this subsection.
(2) Extensions Beyond Five Days.
(A) The division director over residential services
or his/her designee may approve extensions after the fifth day of
confinement only when no less-restrictive placement is suitable for
managing the youth's behavior and:
(i) the youth continues to present an immediate physical
danger to others; or
(ii) the youth continues to be likely to interfere
with a pending or ongoing investigation or a scheduled hearing.
(B) Each extension is valid for up to 72 hours. However,
facility staff must continue to hold Level III hearings every 24 hours
to determine whether the extension criteria in subparagraph (A) of
this paragraph continue to be met.
(h) Release to the General Population.
(1) A youth must be released to the general population
upon:
(A) a determination that the youth's behavior no longer
warrants confinement in the security unit;
(B) expiration of the 24th hour after the most recent
Level III hearing; or
(C) a finding in a Level III hearing that extension
criteria are not met.
(2) A youth may be released from the Security Program
only by the security dorm supervisor or a staff member authorized
to conduct an admission hearing.
(i) Administrative Reviews and Appeals.
(1) The security dorm supervisor or designee must review
all admission and local extension decisions within one workday. The
person reviewing the decision must not have been involved in the decision.
If it is determined that admission or extension criteria were not
met or appropriate due process was not provided:
(A) the youth must be returned to the general population
immediately; and
(B) the youth's record must be corrected to reflect
the overturned admission or extension decision.
(2) The youth must be notified in writing of his/her
right to appeal a Security Program admission or extension. Appeals
are decided by the facility administrator or designee, unless:
(A) the admission or extension decision was made by
the facility administrator, in which case the appeal is decided by
the division director over residential services or designee; or
(B) the youth's current stay in the Security Program
has reached 120 continuous hours, in which case the appeal is decided
by the executive director or designee.
(3) The youth must be notified in writing of the outcome
of the appeal.
(j) Security Program Requirements.
(1) Staff must visually check each youth at least once
every 15 minutes and document youth activity and location during the
check unless more frequent checks are required under §380.9188
of this title.
(2) Individual doors must be locked.
(3) The Security Program must adhere to a standard
schedule approximating that of the general population, including time
out of the locked room as behavior permits.
(4) The standard schedule and Security Program rules
of conduct must be posted and reviewed with youth.
(5) The following staff must visit the Security Program
at least once each calendar day and speak with each youth present
in the program:
(A) a nurse;
(B) a case manager; and
(C) a staff member from the administrative, psychology,
and/or chaplaincy departments.
(6) Youth must be provided:
(A) appropriate psychological and medical services;
(B) an opportunity to discuss with a case manager the
behavior that resulted in the admission or extension;
(C) adequate access to restroom facilities and drinking
water;
(D) access to shower and hygiene routine at least once
every 24 hours, as behavior permits;
(E) the same food, including snacks, prepared in the
same manner as for other youth except for special diets that are prescribed
on an individual basis by a physician, dentist, or mental health professional
or special diets approved by a chaplain;
(F) access to education services during each scheduled
instructional day for the duration of instructional minutes required
by the campus master schedule;
(G) education services that will enable the youth to
meet the goals of the youth's individualized education program, if
the youth is currently receiving special education services;
(H) access to limited-English-proficient services for
English language learners; and
(I) one hour of large-muscle exercise out of the room
or in an enclosed outdoor recreation area at least once every 24 hours,
as the youth's behavior and weather permit.
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| Source Note: The provisions of this §380.9740 adopted to be effective September 1, 2009, 34 TexReg 5573; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972 |
