As used in this chapter, the following words and terms shall
have the following meanings unless the context clearly indicates otherwise.
(1) Assessment Rating--a score derived from evidence-based
criminogenic factors in a youth's history used to assess the danger
a youth poses to the community.
(2) Committing Offense--the most serious of the relevant
offenses found at the youth's commitment proceeding and any probated
offense(s) modified by the commitment order. If a committing offense
is a violation of a federal statute, the offense will be treated as
a violation of a state statute which prohibits the same conduct as
the relevant federal offense.
(3) Community Reentry/Transition Plan--an individual
case plan that includes conditions of parole or placement for youth
who are moving to a less restrictive environment. The community reentry/transition
plan summarizes the youth's progress, identifies risk factors and
protective factors, provides referrals to community services and supports,
and identifies objectives for the youth to complete at the next placement.
(4) Conditional Placement--a trial living arrangement
at a lower restriction level without changing the youth's currently
assigned placement. Conditional placements may be to medium-restriction
facilities or approved home placements. Continued placement at the
lower restriction level is dependent on meeting pre-established conditions.
(5) Determinate Sentence Review--a review conducted
for youth with determinate sentences who have not met program completion
criteria in which staff determines the appropriate action (e.g., request
a transfer hearing under Section 54.11, Family Code, transfer to TDCJ
parole).
(6) Discharge--an action that ends the jurisdiction
of the Texas Juvenile Justice Department (TJJD) over a youth.
(7) Final Decision Authority--the TJJD executive director
or a staff member designated by the executive director in writing
(e.g., via operational manual, administrative directive).
(8) High Restriction and Medium Restriction--see definitions
in §380.8527 of this chapter.
(9) Home Placement--a placement in the home of the
parent, other relative or individual acting in the role of parent,
managing conservator, or guardian or in an independent living arrangement
(excluding contract independent living programs).
(10) Home Substitute Placement--a program placement
in the community that is not high restriction for youth who have earned
parole status.
(11) Initial Placement--a placement to which youth
are assigned upon being committed to TJJD. This definition does not
include a youth's placement at the orientation and assessment unit.
(12) Minimum Length of Stay--the predetermined minimum
period of time established by TJJD that a youth will be assigned to
live in a high- or medium-restriction placement before being placed
on parole status.
(13) Minimum Period of Confinement--the predetermined
minimum period of time established by law that a youth committed to
TJJD on a determinate sentence must remain confined in a high-restriction
placement.
(14) Most Serious of the Relevant Offenses--the offense
that carries the most severe consequences, which are, from most to
least severe:
(A) an offense which carries a determinate sentence;
(B) the offense for which the designated minimum length
of stay will produce the longest time in the physical custody of TJJD;
(C) the offense which requires the highest facility
restriction level;
(D) the offense which carries the most severe criminal
penalty; and
(E) the most recently adjudicated offense.
(15) Non-Sentenced Offender--a youth who is committed
to TJJD for an indeterminate period of time, not to exceed age 19.
(16) Offense Severity--a rating of high, moderate,
or low based on the degree of the committing or revocation offense
as defined by the Penal Code or relevant federal statute and any of
the following applicable aggravating factors:
(A) sex offense as identified in Section 62.001, Code
of Criminal Procedure;
(B) felony against a person;
(C) possession or use of a weapon or firearm during
the commission of the committing offense.
(17) Parole Status--a status assigned to a youth when
program completion criteria have been met or the Release Review Panel
has ordered the youth's release under supervision. Parole status qualifies
the youth for placement in the home or a home substitute and ensures
that the youth may not be moved to a high-restriction placement without
the highest level of due process afforded to TJJD youth.
(18) Program Completion Criteria--specific requirements
established by rule that entitle a youth to parole when met.
(19) Program Completion Review--a review in which staff
determines whether a youth appears to meet program completion criteria.
(20) Release under Supervision (or Release)--the act
of placing a youth on parole status under TJJD supervision.
(21) Revocation Offense--the offense on which a youth's
minimum length of stay is based following a parole revocation hearing.
It is the most serious of the relevant offenses found at the hearing.
(22) Risk and Protective Factors--risk factors are
aspects of a youth's environment, behavior, and mental processes that
contribute to potential for further delinquent activity. Protective
factors are positive aspects of individual youth situations that keep
a youth away from delinquent activity.
(23) Risk Level--a level derived from the risk assessment
tool used to assess the danger a youth poses to the community.
(24) Sentenced Offender--a youth committed to TJJD
pursuant to Section 54.04(d)(3) or Section 54.05(f), Family Code,
with a fixed sentence assigned by the committing court. Depending
on the length of the sentence, a youth may be transferred to the Texas
Department of Criminal Justice (TDCJ) to complete the sentence.
(25) Transfer--a movement of a sentenced offender to
the TDCJ - Correctional Institutions Division or TDCJ - Parole Division.
(26) Transition--the act of moving a youth from a high-restriction
facility to a medium-restriction facility based on the youth's progress
in the rehabilitation program. Transition does not result in the youth
being placed on parole status.
(27) Transition Review--a review in which staff determines
whether a youth meets criteria for transition under §380.8545
of this chapter.
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| Source Note: The provisions of this §380.8501 adopted to be effective September 1, 2009, 34 TexReg 5539; 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; amended to be effective May 19, 2023, 48 TexReg 705 |
