(a) Purpose. The purpose of this rule is to establish
an objective system of assigning youth to the most appropriate facility
considering the Texas Juvenile Justice Department's (TJJD's) responsibilities
to provide for public protection and promotion of rehabilitation.
TJJD seeks to place youth in the least restrictive setting possible
to address the youth's treatment needs while considering public safety.
(b) General Provisions.
(1) This rule applies to placement decisions made:
(A) after initial commitment or recommitment to TJJD;
and
(B) following a parole revocation hearing.
(2) Youth may be assigned to subsequent residential
placements based on changing treatment needs, reduction in risk level,
progress in rehabilitation programming, safety issues, or overpopulation
concerns. For more information on transfers between facilities and
transitions to less restrictive placements, see §380.8545 of
this chapter.
(3) Placements described in this rule are limited to
high- or medium-restriction facilities. For more information on facility
restriction levels, see §380.8527 of this chapter.
(c) Placement System Factors. Placement decisions are
based on factors including, but not limited to, those listed in paragraphs
(1) - (4) of this subsection, with each factor given priority in the
order listed.
(1) Gender--Youth are generally assigned to male-only
or female-only facilities. However, during orientation and assessment
or to receive treatment for certain specialized treatment needs, youth
may be assigned to co-educational facilities. Youth in co-educational
facilities have equal access to agency programs and activities.
(2) Treatment Needs--Of the facilities available for
the youth's gender, youth are assigned to the facility that is best
suited to meet the youth's individual treatment needs. Youth with
the highest need for any of the following specialized treatment services
will be placed in a facility that provides those services: mental
health, intellectual disability, sexual behavior, capital or serious
violent offender, or substance use services. Whenever possible, youth
with co-occurring specialized treatment needs are assigned to placements
providing each indicated type of treatment. See §380.8751 of
this chapter for more information on the assessment of specialized
treatment needs. Age, medical needs, and intellectual impairment are
also considered in determining an appropriate facility assignment.
(3) Risk Assessment--Of the facilities available for
the youth's gender and treatment needs, youth are assigned to a high-
or medium-restriction facility based on an assessment of risk factors,
such as offense history, age at first offense, past facility escapes,
and other criminogenic factors.
(A) Placement upon Initial Commitment or Recommitment
to TJJD.
(i) Sentenced offenders are initially assigned to a
high-restriction facility.
(ii) Non-sentenced offenders with a committing offense
of high severity are initially assigned to a high-restriction facility.
(iii) Non-sentenced offenders with a committing offense
of moderate severity who score in the high or medium category on the
risk assessment are initially assigned to a high-restriction facility.
(iv) Non-sentenced offenders with a committing offense
of moderate severity who score in the lowest category on the risk
assessment are initially assigned to a high- or medium-restriction
facility, depending on the nature of the committing offense and other
factors identified in this rule.
(v) Non-sentenced offenders with a committing offense
of low severity are initially assigned to a high- or medium-restriction
facility, depending on the results of the risk assessment and other
factors identified in this rule.
(B) Placement after Level I Revocation Hearing.
(i) Following revocation as a result of a Level I due
process hearing held in accordance with §380.9551 of this chapter,
non-sentenced offenders found to have engaged in felony-level conduct
while on parole and all sentenced offenders are assigned to high-restriction
facilities.
(ii) Following revocation as a result of a Level I
due process hearing held in accordance with §380.9551 of this
chapter, non-sentenced offenders found to have violated conditions
of parole that are not law violations or engaged in misdemeanor-level
conduct are assigned to high- or medium-restriction facilities, depending
on the results of the risk assessment and other factors identified
in this rule.
(4) Proximity to Home--Of the facilities available
for the youth's gender, treatment needs, and risk assessment, youth
are assigned to the facility closest to the residence of the youth's
parent/guardian. In cases where the closest placement is at or above
established population capacity or specialized treatment population
capacity, the youth may be assigned to another appropriate placement.
(d) Waivers. Except for non-sentenced offenders with
a committing offense of high severity and sentenced offenders, the
facility restriction level required under this rule may be waived
by the executive director or designee. A designated restriction level
may be waived in order to meet a youth's specific treatment needs
or when it is determined that a youth has a disability or special
medical condition that would prevent the youth from functioning in
the designated restriction level.
(e) Parent Notification. Parents or guardians of youth
are notified of placement assignments in accordance with §380.8705
of this chapter.
(f) Individual Exceptions. The executive director or
designee may make exceptions to placement assignments under this rule
on a case-by-case basis, taking into consideration a youth's specific
treatment needs and public safety.
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Source Note: The provisions of this §380.8521 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective July 1, 2011, 36 TexReg 3927; 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 19, 2023, 48 TexReg 705 |