| (a) Purpose. This rule addresses the rights of victims
as described in Texas Family Code Chapter 57 and Texas Code of Criminal
Procedure Article 56.02 and allows victims to provide input into the
release process of youth committed to the Texas Juvenile Justice Department
(TJJD).
(b) Applicability. All of the rules and procedures
afforded to a victim of a youth in TJJD custody, as indicated by the
use of the term victim in this section, are equally afforded to the
guardian of a victim or close relative of a deceased victim.
(c) Definitions.
(1) Victim--a person who as the result of the delinquent
conduct of a child suffers a pecuniary loss or personal injury or
harm.
(2) Close relative of a deceased victim--a person who
was the spouse of a deceased victim at the time of the victim's death
or who is a parent or adult brother, sister, or child of the deceased
victim.
(3) Guardian of a victim--a person who is the legal
guardian of the victim, whether or not the legal relationship between
the guardian and victim exists because of the age of the victim or
the physical or mental incompetency of the victim.
(d) Victim Confidentiality.
(1) Information in a Juvenile Victim Impact Statement
or information submitted in the preparation of this statement is confidential
with regard to the victim's name, social security number, address,
telephone number, and any other information that would identify or
tend to identify the victim.
(2) Any information obtained from or about a victim
may not be shared with youth and may be disclosed only as provided
by law.
(3) Any information that identifies an individual as
a victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11,
22.011, 22.021, 43.05, or 43.25, Penal Code, or of any other offense
that is part of the same criminal episode as one of those offenses
is confidential and may be disclosed only as provided by law.
(4) Any information that identifies an individual as
a victim of an offense that was committed when the victim was younger
than 18 is confidential and may be disclosed only as provided by law.
(e) Victim's Right to Information.
(1) A victim may request, in writing, any of the information
listed below:
(A) information concerning the procedures for release
or transfer of the youth from one program placement to another, including
to the custody of the Texas Department of Criminal Justice (TDCJ);
(B) notification of:
(i) release to TJJD parole;
(ii) placement in a facility of less than high restriction;
and
(iii) discharge from TJJD supervision, including discharge
upon transfer to the TDCJ Correctional Institutions Division (TDCJ-CID)
or TDCJ Parole Division (TDCJ-PD).
(2) If there is a signed request from the victim, the
information is sent to the victim's most current address on file.
(3) For a victim who has requested information concerning
a youth, TJJD staff may reveal only the following:
(A) that the youth is under TJJD's supervision;
(B) the youth's minimum length of stay and/or minimum
period of confinement;
(C) the committing offense in which the victim was
involved;
(D) the youth's conditions of parole supervision (except
specialized treatment) and, if the youth is living at a TJJD residential
placement, the physical address of that placement;
(E) information about TJJD's release review process
and an invitation to participate in that process;
(F) that the youth has been transferred to another
location and the name of that location, unless the program is only
for substance abuse and/or mental health treatment;
(G) the name of the youth's caseworker and/or parole
officer; and
(H) general information about the agency's rehabilitation
program without revealing specific information regarding the youth's
treatment.
(f) Victim's Right to Participation.
(1) A victim may provide information to be considered
by TJJD. Information provided by the victim shall be considered:
(A) when evaluating the youth's progress in the rehabilitation
program, to include when determining if the youth has successfully
completed the rehabilitation program or should be transitioned to
a placement of less than high restriction;
(B) by the Release Review Panel when determining if
the youth should be paroled, be discharged, or remain in a TJJD or
contract facility on institutional status for further rehabilitation;
and
(C) when making decisions regarding the possible transfer
of a youth with a determinate sentence to TDCJ-CID or TDCJ-PD.
(2) If the victim requests in writing and receives
permission to provide input in person or by videoconference or teleconference,
the victim will be provided the opportunity to do so.
(3) Victims who provide input in person are provided
a waiting area separate from any location where they might encounter
the youth.
(g) Victim Appeal. The victim has no right of appeal
in any TJJD decision.
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| Source Note: The provisions of this §385.8135 adopted to be effective December 16, 1999, 24 TexReg 10892; amended to be effective May 31, 2006, 31 TexReg 4442; amended to be effective November 1, 2011, 36 TexReg 7345; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632; amended to be effective May 1, 2022 47 TexReg 2298 |
