| (A) the youth;
(B) the youth's parent/guardian;
(C) an attorney or representative for the youth;
(D) the youth's victim(s);
(E) a TJJD employee;
(F) an employee of a TJJD contractor;
(G) a person who provides volunteer services at a TJJD
facility; or
(H) the TJJD ombudsman.
(2) The request for reconsideration must be in writing
and must be received by the panel no later than 15 calendar days after
the date of the written notice explaining the reason for the extension.
Requests for reconsideration received after that time may be considered
at the discretion of the panel.
(3) The youth may request assistance from any TJJD
staff member or volunteer in completing a request for reconsideration.
(4) The person submitting the request for reconsideration
must state in the request the reason for the request. The request
should relate to the reasons given for the extension or be based on
relevant information concerning the youth's programming and treatment
progress.
(5) Upon receipt of a request for reconsideration,
the panel:
(A) shall reconsider an extension order that extends
the youth's stay in TJJD custody by six months or more or that, when
combined with previous extension orders, results in an extension of
the youth's stay in TJJD custody by six months or more; and
(B) may, at its discretion, reconsider extension orders
other than those addressed in subparagraph (A) of this paragraph.
(6) When the panel conducts a reconsideration, the
panel shall provide the youth, the youth's parent/guardian, the attorney
or representative of the youth, and the person who submitted the request
for reconsideration with a written explanation of the panel's decision
no later than 15 calendar days after receipt of the request. The reply
shall include an indication that the panel has considered the information
submitted in the request. If the reconsideration results in a decision
to release or discharge the youth, any victims shall be notified.
(7) A reconsideration decision by the panel exhausts
all administrative remedies regarding release after expiration of
the minimum length of stay.
(h) Request for Reconsideration of a Release or Discharge
Order.
(1) For youth in a high-restriction facility, a release
or discharge order is considered conditional until the youth has been
physically released from the facility.
(2) For youth in a medium-restriction facility, including
a halfway house:
(A) a release order is considered conditional until
the youth's status has been changed from institutional to parole status;
and
(B) a discharge order is considered conditional until
the youth has been physically released from the facility.
(3) The executive director, the chief inspector general,
the general counsel, the deputy executive director for state services,
the chief of staff, the facility administrator, appropriate contract-care
monitoring staff, staff designated by the executive director, or the
TJJD ombudsman may request a reconsideration of a release or discharge
order as long as the release or discharge order is still conditional,
as provided by paragraphs (1) and (2) of this subsection.
(4) If, while the release or discharge order is still
conditional, the youth is alleged to have committed a major rule violation
or new information becomes available that indicates the youth is likely
in need of further rehabilitation at a TJJD facility, staff designated
by the executive director must request reconsideration of the release
or discharge order.
(5) The youth shall be provided a copy of the request
for reconsideration before the panel makes its decision regarding
the reconsideration. The youth shall be given the opportunity to provide
information to the panel concerning the reason(s) for the request.
If the youth is represented by an attorney or other representative,
that person shall also be provided with a copy of the request for
reconsideration and given an opportunity to provide information to
the panel.
(6) The panel shall provide the youth, the youth's
parent/guardian, the requestor, and facility staff with a written
explanation of the panel's decision no later than 15 calendar days
after receipt of the request. The reply shall include an indication
that the panel has considered the information submitted in the request.
If the reconsideration results in a change in the original panel decision,
any victims shall be notified.
(7) If reconsideration of a release or discharge order
results in a decision to extend the youth's length of stay, a person
listed in subsection (g) of this section may request reconsideration
according to the process established in that subsection. That reconsideration
decision exhausts all administrative remedies.
|
| Source Note: The provisions of this §380.8557 adopted to be effective May 1, 2009, 34 TexReg 2537; amended to be effective September 15, 2011, 36 TexReg 5692; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 1, 2022, 47 TexReg 2294 |
