| (a) Purpose. The purpose of this rule is to establish:
(1) criteria and procedures for detaining certain youth
in a community detention facility (juvenile or adult) or in a Texas
Juvenile Justice Department (TJJD) security unit prior to a Level
I or Level II due process hearing; and
(2) the expectations for interaction between TJJD staff
and community detention staff.
(b) Definitions. Definitions pertaining to this rule
are under §380.9550 of this title.
(c) Applicability.
(1) This rule applies to:
(A) youth on parole status; and
(B) youth on institutional status who are assigned
to a facility of less than high restriction.
(2) This rule does not apply to youth assigned to high-restriction
facilities.
(d) General Provisions.
(1) Youth who are age 17 or younger may be referred
to a juvenile community detention facility with the consent of local
authorities. Youth who are age 17 or older may be referred to detention
in an adult jail facility.
(2) Youth may not be placed in detention for the purpose
of punishment.
(3) A Level I or Level II due process hearing will
be scheduled in accordance with time frames set forth in §380.9551
or §380.9555 of this title, as applicable.
(4) Even if TJJD receives information that additional
criminal or delinquent proceedings against the youth are planned,
pending, or anticipated by local authorities, TJJD may continue to
hold the youth in detention and may schedule and hold a Level I or
Level II due process hearing.
(5) For youth held in community detention, the referring
staff or a designated parole officer must visit the youth at least
once every ten workdays.
(6) For youth held in institution detention in a TJJD
security unit:
(A) the referring staff must contact the youth and
the institutional placement coordinator or designated staff at least
once every three calendar days; and
(B) all standard security unit requirements and services
as set forth in §380.9740 of this title, unless otherwise noted
in this rule, must be observed while the youth is detained in a TJJD
security unit.
(e) Criteria for Detention. A youth in TJJD custody
may be detained when:
(1) there are reasonable grounds to believe the youth
engaged in:
(A) criminal behavior, delinquent conduct, or a violation
of the conditions of release under supervision that meets criteria
for revocation as defined in §380.9504 of this title; or
(B) a rule violation that meets criteria for disciplinary
transfer as defined in §380.9503 of this title; and
(2) a Level I or Level II due process hearing has been
requested; and
(3) one or more of the following criteria are present:
(A) the youth is likely to abscond and not appear at
a disciplinary hearing;
(B) suitable supervision, care, or protection for the
youth is not being provided by the parent or guardian to ensure protection
of the public safety or prevention of youth self-injury and a less
restrictive temporary shelter is not available or is inappropriate;
or
(C) the youth may be dangerous to himself/herself or
may threaten the safety of the public or others if released.
(f) Admission to Detention.
(1) Approval for Detention.
(A) If the referring staff determines there are reasonable
grounds to believe a youth has committed an offense for which a Level
I or Level II due process hearing will be requested, the staff must
notify an appropriate supervisor to justify and obtain approval for
holding the youth in detention.
(B) If approval for detention is not granted or it
is determined that a Level I or Level II hearing will not be sought,
arrangements must be made for the immediate release of the youth and
return to the appropriate placement, unless the community is detaining
the youth for reasons unrelated to TJJD's detention of the youth.
(2) Admission Process for Youth Held in Institution
Detention.
(A) The referring staff is responsible for ensuring
the following documentation or information is present at the time
of admission to institution detention:
(i) a copy of the written request for a Level I or
Level II hearing;
(ii) a written statement including purpose of admission
with supporting documentation (i.e., any incident reports or arrest
reports and expected length of stay); and
(iii) the medical file, if available, or copies of
pertinent medical records, as well as information relating to any
medication the youth is taking.
(B) Based on the information presented, the admitting
staff must determine whether there are reasonable grounds to believe
criteria for admission have been met as outlined in subsection (e)
of this section. If the criteria are met, the youth may be admitted
to institution detention for up to 72 hours.
(C) The security dorm supervisor or designee (who may
not serve as the referring or admitting staff) must review all admission
decisions within one workday to determine if admission criteria have
been met. If criteria are not met or policy or procedures were not
followed, the youth must be released and returned to the appropriate
placement.
(g) Detention Review Hearings.
(1) Timing of Hearing.
(A) Community Detention.
(i) For youth placed in community detention, TJJD must
hold a Level IV hearing (detention review hearing) on or before the
tenth workday of detention if:
(I) a detention hearing is not waived or conducted
by the community detention staff;
(II) the Level I or II hearing cannot be held within
ten workdays; and
(III) further detention is necessary and appropriate.
(ii) If a detention hearing is conducted or waived
by community detention staff pursuant to the Texas Family Code, TJJD
staff will participate as requested by the community and complete
all required TJJD documentation and/or data entry.
(iii) If a Level IV hearing is not timely held or is
not properly waived, the youth must be released to his/her assigned
location or other appropriate non-secure placement.
(B) Institution Detention.
(i) For youth placed in institution detention, TJJD
must hold a Level IV hearing (detention review hearing):
(I) within 72 hours after admission to institution
detention, or the next workday if the 72nd hour falls on a weekend
or holiday; and
(II) within ten workdays after the previous Level IV
Hearing.
(ii) If a Level IV hearing is not timely held or is
not properly waived, the youth must be released to his/her assigned
location or other appropriate non-secure placement.
(2) Decision Maker.
(A) The decision maker must be impartial and may not
be the person who requested or admitted the youth to institution detention
or community detention.
(B) The decision maker must be knowledgeable of the
policies involved in the decision.
(3) Youth Representation and Waiver of Level IV Hearing.
(A) The youth has a right and must be informed of his/her
right to be represented at the Level IV hearing:
(i) by counsel, if the youth is awaiting a Level I
hearing. Counsel is an attorney obtained by the youth or appointed
to represent the youth; or
(ii) by an advocate, if the youth is awaiting a Level
II hearing.
(B) The youth may waive the Level IV hearing after
being advised by his/her attorney or advocate. Such waiver must be
in writing.
(C) When a subsequent Level IV hearing is required
by policy timelines, the youth must be given the opportunity to have
that hearing or to waive it. If the youth chooses to waive the hearing
after speaking to his/her attorney or advocate, a new waiver form
must be completed.
(4) Hearing Process.
(A) The referring staff must show cause to detain the
youth pending the hearing. The attorney or advocate may present evidence
as to why the youth should not be detained.
(B) The standard of proof for all disputed issues is
reasonable grounds to believe.
(C) All credible evidence may be considered, irrespective
of its form.
(D) The hearing must be recorded and the recording
is the official record of the hearing. Recordings must be preserved
for six months following the hearing.
(E) The decision maker must base his/her decision on
criteria for detention. If criteria are not met, the youth must be
released to his/her assigned location.
(5) Appeal.
Cont'd... |
