reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9312 - Visitation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this rule is to
				  promote and foster communication and contact between Texas Juvenile Justice
				  Department (TJJD) youth and their parents/guardians, immediate family members,
				  and other positive individuals in their lives.
(b) Applicability.
(1) This rule applies to all residential
				  facilities operated by TJJD.
(2)
				  This rule does not apply to visits from:
(A)
				  attorneys or their staff (see §
												380.9311
				  of this title);
(B) personal clergy
				  (see §
												380.9317
				  of this title); or
(C) registered
				  volunteers who are visiting a youth as part of their specific volunteer
				  assignment (see §
												385.8145
				  and §
												385.8181 of
				  this title).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9313 - Use of Telephone

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule provides Texas Juvenile Justice Department (TJJD) youth with reasonable
				  access and equal opportunity within a facility to use the telephone for
				  purposes of contacting:
(1) their
				  families;
(2) the Incident
				  Reporting Center maintained by the TJJD Office of Inspector General for
				  purposes of reporting information concerning abuse, neglect, and exploitation;
				  and
(3) the Office of the
				  Independent Ombudsman for TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9315 - Youth Mail

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this policy is to promote open mail communication for youth in
				  residential facilities and to establish limitations on youth mail only as
				  necessary to provide for safety and security and to prevent the introduction of
				  contraband.
(b) Applicability. This
				  rule applies only to youth in residential facilities operated by the Texas
				  Juvenile Justice Department (TJJD).
(c) Definitions. As used in this rule, the
				  following terms have the following meanings.
(1) Contraband--Has the meaning assigned by
				  §
											380.9107
				  of this title.
(2) Family
				  Member--Father, mother, sibling, step-relationship to any of the preceding,
				  grandparent, or spouse. Family member may also include other relatives as
				  approved by the executive director or designee on a case-by-case
				  basis.
(3) General
				  Correspondence--Written correspondence, other than special or legal
				  correspondence, that is addressed to or from a youth and that is deposited for
				  delivery in a regular postal service. General correspondence also includes any
				  other item contained in the envelope or package.
(4) Legal Correspondence--Correspondence
				  mailed directly from or to:
(A) an attorney
				  representing the youth or from whom the youth is seeking representation
				  (includes an attorney on a civil or criminal case);
(B) a court; or
(C) a legal organization.
(5) Special
				  Correspondence--Correspondence mailed directly from or to the following
				  persons:
(A) TJJD board members, TJJD
				  administrators, employees of the TJJD Office of Inspector General, or other
				  TJJD investigators;
(B) employees
				  of the Office of the Independent Ombudsman for TJJD;
(C) government officials, including elected
				  officials, law enforcement officials, and staff at embassies and consulates;
				  or
(D) a member of the editorial or
				  reporting staff of any newspaper, magazine, radio station, or television
				  station listed in a major media directory.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9317 - Visitation with Personal Clergy

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to provide youth with privileged access to
				  their personal clergy.
(b)
				  Visitation.
(1) A personal clergy member is
				  someone from a recognized faith group who has an established, professional
				  relationship with a youth and/or the youth's family prior to the youth's
				  admission to the Texas Juvenile Justice Department (TJJD).
(2) TJJD approves the clergy member's
				  registration to visit after his/her religious affiliation and relationship to
				  the youth are verified.
(3) Youth
				  may receive visits from their personal clergy member any day of the week after
				  reasonable arrangements have been made.
(4) TJJD provides adequate space and
				  supervision for the visit. TJJD ensures the space allows the youth to have
				  confidential conversation with his/her personal clergy, but correctional staff
				  maintain line-of-sight supervision.
(5) The personal clergy member is only
				  allowed to visit the youth with whom he/she has an established professional
				  relationship.
(6) A youth may
				  decline a visit with a personal clergy member. The parent/guardian of a youth
				  under age 18 may prohibit a visit between his/her child and a personal clergy
				  member.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9331 - Youth Grievance System

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy.
(1) Youth, parents/guardians of youth, and
				  youth advocates have a right to file grievances concerning the care, treatment,
				  services, or conditions provided for youth under the jurisdiction of the Texas
				  Juvenile Justice Department (TJJD). TJJD resolves grievances in a prompt, fair,
				  and thorough manner; however, grievances alleging criminal violations or abuse,
				  neglect, and exploitation are referred to law enforcement for investigation and
				  disposition.
(2) TJJD recognizes
				  that informal discussions between staff and youth are a key element in
				  resolving issues or concerns at the earliest stage and contribute to a positive
				  facility culture. TJJD makes staff available to meet with youth whenever
				  possible, limited only by consideration for facility order and the safety of
				  youth and staff.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9333 - Investigation of Alleged Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule provides for the
				  administrative investigation of allegations of abuse, neglect, or exploitation
				  in programs and facilities under Texas Juvenile Justice Department (TJJD)
				  jurisdiction. This rule also provides standards for investigations and for the
				  compilation of investigation information. The purpose of all provisions in this
				  rule is the protection of youth.
(b) Applicability.
(1) This rule applies to administrative
				  investigations involving abuse, neglect, or exploitation allegedly committed by
				  employees, volunteers, or other individuals working in TJJD programs or
				  facilities including institutions, halfway houses, contracted residential
				  services, parole services, and contract programs.
(2) Except as specifically noted, this rule
				  does not apply to criminal investigations conducted by the TJJD Office of
				  Inspector General under Human Resources Code § 242.102.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter D - YOUTH RIGHTS AND REMEDIES › Section 380.9353 - Appeals to the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to permit Texas Juvenile Justice
				  Department (TJJD) youth and their parents or guardians to appeal decisions made
				  by TJJD or contract program employees to the TJJD executive director.
(b) Direct Appeals to the Executive Director.
				  A direct appeal to the executive director or designee may be filed in matters
				  limited to:
(1) the results of a Level I or
				  II hearing;
(2) the assignment of a
				  minimum length of stay;
(3) a
				  response to a healthcare-related grievance;
(4) a response to an appeal of a grievance
				  not related to healthcare issues;
(5) the lack of a written response within 15
				  workdays after submission of a grievance;
(6) the lack of a written response within 15
				  workdays after submission of a grievance appeal;
(7) a disapproved home evaluation;
(8) the results of a Level IV hearing held
				  for a youth in community detention;
(9) the results of a second or subsequent
				  Level IV hearing held for a youth in detention in a TJJD security
				  unit;
(10) a decision to extend the
				  youth's stay in the Security Program for 120 continuous hours or
				  longer;
(11) a decision from a
				  mental health status review hearing;
(12) a decision from a Title IV-E
				  hearing;
(13) the findings of an
				  alleged abuse, neglect, or exploitation investigation; and
(14) the decision of the administrator of
				  chaplaincy services regarding a request for accommodation of religious
				  practices.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9501

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9502 - Behavior Management System Overview

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. This rule establishes the basic principles on which the Texas Juvenile
					 Justice Department (TJJD) operates its behavior management system.
(b) General Provisions. TJJD's behavior
					 management system uses positive reinforcement as well as appropriate
					 interventions and consequences to promote a system of positive behavior that
					 meets expectations. The system is designed to:
(1) maintain order and security;
(2) promote safety, respect for self and
					 others, fairness, and protection of rights;
(3) provide constructive discipline and a
					 system of incentives and consequences to encourage youth to meet expectations
					 for behavior;
(4) provide
					 opportunities for positive reinforcement and recognition for accomplishments
					 and positive behaviors;
(5) promote
					 prosocial means for youth to meet their needs;
(6) promote constructive dialogue and
					 peaceful conflict resolution;
(7)
					 minimize separation of youth from the general population; and
(8) limit the need to use force when
					 responding to youth behavior.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9503 - Rules and Consequences for Residential Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes the
					 actions that constitute violations of the rules of conduct for residential
					 facilities. Violations of the rules may result in disciplinary consequences
					 that are proportional to the severity and extent of the violation. Appropriate
					 due process, including a consideration of extenuating circumstances, shall be
					 followed before imposing consequences.
(b) Applicability. This rule applies to youth
					 assigned to residential facilities operated by the Texas Juvenile Justice
					 Department (TJJD).
(c) Definitions.
					 The following terms, as used in this rule, have the following meanings unless
					 the context clearly indicates otherwise.
(1)
					 Attempt to Commit--a youth, with specific intent to commit a rule violation,
					 engages in conduct that amounts to more than mere planning that tends but fails
					 to effect the commission of the intended rule violation.
(2) Bodily Injury--physical pain, illness, or
					 impairment of physical condition. Fleeting pain or minor discomfort does not
					 constitute bodily injury.
(3)
					 Direct Someone to Commit--occurs when:
(A) a
					 youth communicates with another youth;
(B) the communication is intended to cause
					 the other youth to commit a rule violation; and
(C) the other youth commits or attempts to
					 commit a rule violation.
(4) Possession--actual care, custody,
					 control, or management. It does not require the item to be on or about the
					 youth's person.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9504 - Rules and Consequences for Youth on Parole

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes the
					 actions that constitute violations of the rules of conduct youth are expected
					 to follow while under parole supervision. Violations of the rules may result in
					 disciplinary consequences, including revocation of parole, that are
					 proportional to the severity and extent of the violation. Appropriate due
					 process must be followed before imposing consequences.
(b) Applicability.
(1) This rule applies to youth on parole
					 status who are assigned to a home placement.
(2) For parole revocation purposes, this rule
					 also applies to youth on parole status who are assigned to a residential
					 placement as a home substitute. However, this rule does not apply to the daily
					 rules of conduct for these youth. For the daily rules of conduct, see §
												380.9503 of this
					 chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9510 - Intervention Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
					 Texas Juvenile Justice Department (TJJD) delivers interventions in a structured
					 environment for youth who have engaged in certain serious conduct. The
					 interventions are designed to promote violence reduction and skill building to
					 increase safety on TJJD campuses and to help the youth regulate their behavior
					 in order to progress in treatment. Placement in an intervention program is not
					 considered a disciplinary consequence. This rule sets forth eligibility
					 criteria, program requirements, and services to be provided to youth.
(b) Applicability. The program described by
					 this rule operates only at high-restriction facilities operated by
					 TJJD.
(c) Definitions.
(1) Admission, Review, and Dismissal (ARD)
					 Committee--a committee that makes decisions on educational matters relating to
					 special-education-eligible youth.
(2) Individualized Education Program
					 (IEP)--the program of special education and related services developed by a
					 youth's ARD committee.
(3)
					 Isolation--the confinement of a youth in a locked room or cubicle as a tool to
					 manage the behavior of a youth. Rules regarding isolation do not apply:
(A) when doors are routinely locked during
					 normal sleeping hours and isolation has not otherwise been imposed;
					 or
(B) when a youth is placed in
					 the security program.
(4)
					 Manifestation Determination Review--a review conducted by a youth's ARD
					 committee when a decision has been made to change a special-education-eligible
					 youth's school placement due to a violation of the code of conduct. The
					 committee determines whether a youth's conduct is a manifestation of the
					 youth's disability and whether the youth's IEP was fully
					 implemented.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9517

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9520 - Cooling-Off Period for Youth Out of Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 rule provides for the temporary segregation of a youth as a cooling-off time
					 when he or she appears to have temporarily lost control of behavior. The
					 segregation is intended to allow the youth time to regain self-control.
					 Segregation addressed in this rule is not a disciplinary consequence and is
					 generally in a location near the activity in process.
(b) General Restrictions.
(1) Either staff or the youth may request the
					 youth's removal from an activity. The youth's group may not request the youth's
					 removal.
(2) The youth may be
					 removed to any room in the same building away from the regular activity. Doors
					 must not be locked.
(3) The reason
					 for the segregation is explained to the youth and he/she is given the
					 opportunity to explain his/her behavior.
(4) The youth must be joined by staff every
					 15 minutes for counseling.
(5) The
					 youth may assist in determining his/her readiness to resume regular
					 activity.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 1 - BEHAVIOR MANAGEMENT › Section 380.9535

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9550 - Definitions-Due Process Hearings

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, as used in this
						subchapter, have the following meanings unless the context clearly indicates
						otherwise.
(1) Advocate--a TJJD
					 employee, contract employee, or enrolled volunteer assigned to represent the
					 youth at a Level II, III, or IV hearing who is trained by TJJD to serve as an
					 advocate.
(2) Community
					 Detention--temporary placement of a youth in a community detention facility
					 pending a Level I or II hearing.
(3) Community Detention Facility --a local
					 detention facility designed for juveniles or adults, including jails.
(4) Detention Hearing--the court hearing
					 required by the Texas Family Code to determine whether conditions exist to
					 justify the detention of a juvenile.
(5) Due Process--the constitutional concept
					 that proceedings must be fair and that a person is entitled to, at a minimum,
					 notice and an opportunity to be heard by a neutral decision maker when the
					 person's liberty or property is at stake.
(6) Extenuating Circumstances--facts that do
					 not rise to the level of a legal defense but that do provide a reasonable
					 explanation for the youth's behavior, such as:
(A) the only property involved in the offense
					 was of minimal value and the youth returned it undamaged to its
					 owner;
(B) the only bodily injury
					 intended or inflicted by the youth consisted of brief or minor
					 discomfort;
(C) the youth's conduct
					 was an impulsive response to perceived provocation and posed no threat to
					 persons or property; or
(D) the
					 youth was persuaded to participate in the offense by a parent or other
					 authority figure.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9551 - Level I Hearing Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 rule establishes the due process procedure to be followed when seeking to
					 revoke the parole status of a youth due to behavior that presents an
					 unacceptable risk to the safety of persons and property.
(b) Definitions. Definitions pertaining to
					 this rule are under §
											380.9550 of this title.
(c) General Provisions.
(1) A Level I hearing is required to revoke a
					 youth's parole status. Parole status may be revoked if it is found that a youth
					 has committed a law violation or a parole rule violation as established in
					 §
												380.9504 of this title and:
(A) revocation is determined to be in the
					 best interest of the youth or community; and/or
(B) the youth is found to be in need of
					 further rehabilitation at a residential facility operated by the Texas Juvenile
					 Justice Department (TJJD) or under contract with TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9553 - Level I Hearing by Telephone

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. This rule allows for a Level I due process hearing to be conducted by
					 telephone when doing so will not significantly diminish a youth's due process
					 rights.
(b) General Provisions.
(1) A Level I hearing may be conducted by
					 telephone only if:
(A) the youth waives, in
					 writing, the on-site presence of a hearing examiner after consulting with
					 his/her attorney;
(B) the youth's
					 attorney notifies the TJJD Legal Department at least one working day before the
					 scheduled hearing that the youth wishes to answer "true" to the allegation(s)
					 against him/her;
(C) the staff
					 representative has no objection to the hearing being conducted by telephone;
					 and
(D) the appropriate
					 authorization form has been properly executed.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9555 - Level II Hearing Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 rule establishes the procedure to be followed to ensure youth are afforded
					 appropriate due process before certain actions are taken.
(b) Definitions. Definitions pertaining to
					 this rule are under §
											380.9550 of this title unless
					 otherwise defined within this rule.
(c) Applicability. A Level II hearing is
					 appropriate due process in the following instances:
(1) imposing a disciplinary consequence
					 designated as a major consequence in accordance with §
												380.9503 of this title;
(2) placing a youth in the moderate or
					 intensive level of the intervention program in accordance with §
												380.9510 of this title;
(3) transferring a parole-status youth from a
					 home or home substitute to a medium-restriction facility for non-disciplinary
					 reasons;
(4) transferring an
					 institutional-status youth who was initially assigned to a medium-restriction
					 facility in accordance with §
												380.8521 of this title to a
					 high-restriction facility for non-disciplinary reasons;
(5) transferring a conditionally placed youth
					 to a higher-restriction facility pursuant to §
												380.8545 of this title;
(6) with a few exceptions in procedure as
					 identified in §
												380.9571 of this title:
(A) admitting a youth to a Texas Juvenile
					 Justice Department (TJJD)-operated crisis stabilization unit; and
(B) extending the time to treat a psychiatric
					 disorder in connection with a crisis stabilization unit placement (as
					 appropriate); or
(7)
					 depositing into the student benefit fund money possessed by a youth in a
					 residential program in violation of §
												380.9503 of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9557 - Level III Hearing Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 rule establishes the procedure to be followed to ensure youth are afforded
					 appropriate due process before certain actions are taken.
(b) Applicability. The Level III hearing
					 procedure is appropriate due process in the following instances:
(1) to determine admission or extension in
					 the security program in accordance with §
												380.9740 of this title;
(2) to impose disciplinary consequences for
					 youth in medium-restriction facilities other than those requiring a Level II
					 hearing in accordance with §
												380.9503 of this title;
					 and
(3) to impose disciplinary
					 consequences other than parole revocation for youth on parole in accordance
					 with §
												380.9504 of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9559 - Detention for Youth with Pending Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes criteria
					 and procedures for detaining youth in a Texas Juvenile Justice Department
					 (TJJD) security unit when criminal or delinquent charges are pending or filed
					 or when the youth is awaiting a court hearing or trial.
(b) Definitions. Definitions pertaining to
					 this rule are under §
											380.9550
					 of this title.
(c) Applicability.
(1) This rule applies only to TJJD youth on
					 institutional status, regardless of assigned placement.
(2) This rule does not apply to TJJD youth on
					 parole status, regardless of assigned placement.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9561 - Detention for Youth Pending Level I or II Hearing

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter E - BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE › Division 2 - DUE PROCESS HEARINGS › Section 380.9571 - Procedure for Mental-Health-Status Review Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes the due
					 process required to admit a youth into a Texas Juvenile Justice Department
					 (TJJD) stabilization unit or to extend a youth's stay in a stabilization unit
					 to provide treatment for a psychiatric disorder.
(b) Applicability.
(1) For criteria for admission to a TJJD
					 stabilization unit, see §
												380.8767 of this title.
(2) A mental-health-status review hearing is
					 a Level II due process hearing with several procedural exceptions, as noted in
					 this rule. See §
												380.9555 of this title for Level
					 II hearing procedures.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9707 - Custody and Supervision Rating

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this rule is to establish the minimum supervision
				  requirements for youth assigned to high restriction facilities who are
				  authorized to leave facility grounds.
(b) Applicability.
(1) This rule applies only to youth placed in
				  TJJD-operated high restriction facilities.
(2) This rule does not apply to youth
				  assignments to a conditional placement. See §
											380.8545
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9709 - Youth Search

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule establishes requirements for searching Texas Juvenile Justice Department
				  (TJJD) youth, their property, and their rooms to detect and deter contraband.
				  The purpose of all provisions in this rule is to promote and protect the safety
				  of the facility, staff, and youth.
(b) Applicability. This rule applies to
				  residential facilities operated by TJJD.
(c) Definitions.
(1) Reasonable Belief--a belief based on
				  facts or circumstances sufficient to cause a reasonable person to believe that
				  the person to be searched has prohibited items.
(2) Probable Cause--a determination based on
				  facts and circumstances that would cause a reasonably prudent person to believe
				  it is more likely than not that the person to be searched has a prohibited
				  item.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9710 - Entry Search

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule establishes requirements for conducting searches at the entry point of
				  Texas Juvenile Justice Department (TJJD) facilities to prevent the introduction
				  of items that are prohibited.
(b)
				  Applicability. This rule applies to residential facilities operated by
				  TJJD.
(c) General Provisions. Each
				  person entering a facility operated by TJJD is subject to a search of his/her
				  person, vehicle, and any property he/she is bringing into the
				  facility.
(d) Definitions.
(1) Reasonable Belief--a belief based on
				  facts or circumstances sufficient to cause a reasonable person to believe that
				  the person to be searched has prohibited items.
(2) Routine Search--a search conducted at a
				  scheduled time during which every person is searched at the entry point of a
				  TJJD facility.
(3) Random Search--a
				  search conducted at an unannounced time during which every person will be
				  searched at the entry point of a TJJD facility.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9711 - Control of Seized Contraband or Potential Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes
				  requirements for the preservation, control, and/or disposition of all
				  contraband, including physical evidence obtained in connection with a violation
				  of law and/or rule violation.
(b)
				  Applicability. This rule applies to TJJD-operated residential
				  facilities.
(c) Definitions.
				  Contraband--has the meaning assigned by §
										380.9107
				  of this title.
(d) Contraband Used
				  as Evidence.
(1) Contraband Used in a Due
				  Process Hearing. Seized contraband that may be used as evidence in a TJJD due
				  process hearing and not used in a criminal investigation must be properly
				  identified, documented, and submitted to the facility's evidence
				  custodian.
(2) Contraband Used in a
				  Criminal Investigation. Seized contraband that may be used as evidence in a
				  criminal investigation is properly identified, documented, and submitted to the
				  Office of Inspector General (OIG) evidence submission box. Criminal evidence is
				  accessible only to the OIG staff. OIG maintains the chain of custody until
				  proper case disposition.
(3)
				  Contraband/Evidence Disposal.
(A) After all
				  administrative/legal proceedings have been concluded, one of the following must
				  occur:
(i) destroy firearms and drugs in
				  accordance with the Code of Criminal Procedure; or
(ii) send contraband item(s), other than
				  contraband firearms and drugs, to the youth's home; or
(iii) return contraband item(s) to include
				  contraband money (if applicable) to the owner; or
(iv) deposit contraband money possessed by a
				  youth into the student benefit fund pursuant to §
													385.9971 and
				  §
													380.9555
				  of this title.
(B) After
				  all OIG investigations, evidence will be disposed of as per court
				  disposition.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9713 - Use of Canine (K-9) Teams

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule provides guidelines for the management and deployment of K-9
				  teams at residential facilities operated by the Texas Juvenile Justice
				  Department (TJJD).
(b)
				  Applicability. This rule applies to residential facilities operated by
				  TJJD.
(c) Definitions.
(1) K-9 Team--a handler and canine trained to
				  detect and identify illegal drugs, currency, alcohol, tobacco products,
				  prescription medication, and other prohibited items.
(2) Passive Indication--the K-9 is trained to
				  sit, stand, or lie at the point closest to the source of the odor such as, but
				  not limited to, cocaine, heroin, alcohol, marijuana, prescription medication,
				  methamphetamines, tobacco, and other prohibited items.
(3) TJJD Parking Area--any area used for
				  parking that is owned, operated, or controlled by TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9715 - Testing for Alcohol and Other Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule establishes a testing program designed to detect and deter
				  the unauthorized or illegal use of alcohol or other drugs by youth committed to
				  the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies to all
				  youth:
(1) assigned to residential facilities
				  operated by TJJD; and
(2) assigned
				  to parole supervision under the jurisdiction of TJJD.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9723 - Use of Force

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule establishes the procedures for staff intervention when youth behavior
				  threatens safety and order.
(b)
				  Applicability.
(1) This rule applies to all
				  facilities, offices, and programs operated by the Texas Juvenile Justice
				  Department (TJJD), unless specifically stated otherwise in this rule.
(2) This rule does not apply to peace
				  officers employed and commissioned by TJJD or by the TJJD Office of Inspector
				  General.
(3) This rule does not
				  apply to the use of four-point mechanical restraints for medical or mental
				  health purposes. See §
											380.9198
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9729 - Directives to Apprehend

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule acknowledges a relationship between the Texas Juvenile Justice Department
				  (TJJD), law enforcement, and the Texas/National Crime Information Center
				  (TCIC/NCIC) with regard to reporting and apprehending youth in TJJD
				  jurisdiction who escape, are absent without authorization, or violate the
				  conditions of release under supervision. This rule also establishes criteria
				  for the issuance of a directive to apprehend.
(b) Applicability. This rule applies to all
				  youth under TJJD jurisdiction, whether supervised by TJJD staff or contract
				  staff.
(c) Issuance of a Directive
				  to Apprehend.
(1) TJJD may issue a directive
				  to apprehend pursuant to the authority granted under Texas Human Resources Code
				  §
											243.051 if a
				  youth in TJJD custody:
(A) has escaped or has
				  an unauthorized absence, as defined by §
												380.9503 of this chapter;
				  or
(B) has failed to comply with
				  the written conditions of release under supervision (i.e., conditions of parole
				  or conditions of placement).
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9739 - Isolation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule allows for short-term
				  confinement in a locked room of a youth who meets criteria. Confinement
				  addressed in this rule is not a disciplinary consequence.
(b) Applicability.
(1) This rule applies to residential
				  facilities operated by the Texas Juvenile Justice Department.
(2) This rule does not apply to:
(A) a youth being admitted to the Security
				  Program. See §
												380.9740 of this
				  title; or
(B) segregation in which
				  doors are not locked. See §
												380.9520
				  of this title.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9740 - Security Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  Texas Juvenile Justice Department (TJJD) operates Security Programs at its
				  high-restriction facilities to temporarily remove youth who engage in certain
				  dangerous or disruptive behaviors from the general campus population. This rule
				  establishes admission criteria, service delivery requirements, security
				  provisions, and requirements for due process and administrative review for
				  youth admitted to the Security Program.
(b) Applicability. This rule applies to
				  TJJD-operated high-restriction facilities that operate security
				  units.
(c) Definitions. Security
				  Unit--a designated building on the campus of a high-restriction TJJD facility
				  that contains individual rooms and a central control station. Entry to and exit
				  from the building are controlled exclusively by staff.
(d) General Provisions.
(1) Confinement in the Security Program may
				  not be used as punishment or as a convenience for staff.
(2) Youth are afforded all basic youth rights
				  established in §
											380.9301 of
				  this title while confined in the Security Program.
(3) Except as otherwise authorized by the
				  division director over residential services or designee on a case-by-case
				  basis, confinement in the Security Program may not exceed five calendar days or
				  a maximum of 120 hours.
(4) The
				  Security Program is operated within the security unit, except as provided or
				  permitted by other TJJD administrative rules.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9745 - Protective Custody for Youth at Risk of Suicidal and/or Self-Harming Behavior

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				  rule provides for a protective custody program for the temporary placement of
				  youth who are determined to be at risk of serious harm to themselves.
(b) Applicability. This rule applies only to
				  high-restriction facilities operated by the Texas Juvenile Justice Department
				  (TJJD).
(c) Definitions.
				  Definitions pertaining to this rule are in §
										380.9187 of this
				  chapter.
(d) General Provisions.
(1) The protective custody program is
				  administered in the security unit. Unless otherwise noted in this rule, all
				  standard service delivery and programming requirements in §
											380.9740 of this chapter must be
				  followed while the youth is in the security unit.
(2) Protective custody is used only as a last
				  resort when a mental health professional determines that a youth cannot be
				  safely managed in the youth's assigned living unit and no appropriate less
				  restrictive placements are immediately available. Protective custody is used
				  only as a temporary placement until the youth can be safely returned to the
				  youth's assigned living unit or until another appropriate housing or facility
				  assignment can be arranged.
(3)
				  Unless otherwise noted in this rule, youth in protective custody are monitored,
				  assessed, and treated in accordance with requirements in §
											380.9188 of this
				  chapter.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter F - SECURITY AND CONTROL › Section 380.9747 - Self-Referral to Security Unit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. This rule provides for the temporary placement of youth who request to
				  be placed in a security unit.
(b)
				  Applicability. This rule applies only to high-restriction facilities operated
				  by the Texas Juvenile Justice Department (TJJD).
(c) Definitions. Security Unit--has the
				  meaning assigned under §
										380.9740 of this
				  title.
(d) General Provisions.
(1) The security unit may be used as a
				  temporary placement for youth who self-refer until the youth can be safely
				  returned to his/her assigned living unit or another appropriate housing or
				  facility assignment can be arranged.
(2) While placed in the security unit on a
				  self-referral, a youth must be provided scheduled programming in accordance
				  with his/her individual case plan and, if applicable, his/her individualized
				  education program.
(3) If a youth
				  claims a need for protection from harm, staff must complete a threat
				  assessment. Based on the results of the threat assessment, all reasonable
				  actions must be taken to ensure the safety of the youth, which may include any
				  or all of the following:
(A) immediate
				  implementation of enhanced supervision strategies;
(B) immediate separation of the youth from
				  the source of the threat;
(C)
				  referral to the TJJD Office of Inspector General for investigation;
(D) notification of the chief local
				  administrator; and/or
(E) dorm or
				  facility transfer.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter G - GENERAL PROVISIONS › Division 1 - YOUTH RECORDS › Section 380.9909 - Access to Youth Information and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This rule establishes controls
					 on access to Texas Juvenile Justice Department (TJJD) youth records and
					 information in compliance with federal and state laws and regulations that
					 limit access to youth records.
(b)
					 Applicability. This rule applies to all youth committed to TJJD.
(c) General Provisions. Records and
					 information concerning youth:
(1) must be
					 marked "confidential";
(2) must
					 remain in the custody and control of authorized personnel at all
					 times;
(3) may not be disclosed
					 except as allowed by law; and
(4)
					 must be stored and transported in a manner that ensures security and
					 confidentiality.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter G - GENERAL PROVISIONS › Division 2 - YOUTH FUNDS › Section 380.9931 - Student Trust Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 rule provides banking privileges for youth in certain residential facilities
					 through a student trust fund system.
(b) Applicability. This rule applies to
					 high-restriction and medium-restriction facilities operated by the Texas
					 Juvenile Justice Department (TJJD), except orientation and assessment
					 units.
(c) General Provisions.
(1) TJJD maintains a student trust fund
					 account for each youth who receives personal funds while in a residential
					 facility operated by TJJD other than an orientation and assessment
					 unit.
(2) The facility
					 administrator is the trustee for the student trust fund in his/her
					 facility.
(3) TJJD is not
					 responsible for funds that are:
(A) sent to a
					 youth through the mail and are not received by TJJD; or
(B) lost or stolen after being transferred to
					 a youth's possession upon release or discharge.
Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 11 - TEXAS JUVENILE JUSTICE DEPARTMENT › Chapter 380 - RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES › Subchapter G - GENERAL PROVISIONS › Division 2 - YOUTH FUNDS › Section 380.9933 - Spending Money for Released Youth

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Texas Juvenile Justice Department (TJJD) provides $15 in cash from TJJD funds
					 to each youth who:
(1) is released or
					 discharged from a residential facility operated by TJJD;
(2) will travel by public transportation to
					 his/her home placement; and
(3)
					 does not have at least $15 available to withdraw from his/her student trust
					 fund account.