TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 380. RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES

SUBCHAPTER A. ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE

DIVISION 6. PAROLE PLACEMENT AND DISCHARGE

37 TAC §380.8581, §380.8583

The Texas Juvenile Justice Department (TJJD) proposes amendments to §380.8581, concerning Supervision Levels in Parole Home Placement, and §380.8583, concerning Subsidized Living Support Program.

Amended §380.8581 will remove the requirement for a youth to be placed on intensive parole supervision for the entire time he/she receives a housing rent subsidy. The amended rule will also add that the executive director or designee may waive the requirement for a youth to initially be placed on intensive supervision upon release to parole.

Amended §380.8583 will: (1) change the purpose and title of the rule to focus on promotion of successful community reentry rather than on self-sufficiency; (2) add that youth in halfway houses (in addition to youth on parole status) may receive financial support; (3) remove the eligibility criteria relating to completing a certain amount of community service, employment, or school for youth to receive financial support other than a housing rent subsidy; (4) remove the requirement for a youth to sign an agreement with TJJD to receive financial support other than a housing rent subsidy; (5) add structured leisure time activity to the list of allowable expenses; (6) add that expenses other than those listed in the rule may be eligible for financial reentry support; (7) add a requirement that, to receive financial reentry support, the youth must complete a request form that shows how the financial need is directly related to his or her community reintegration plan; (8) remove the requirement for a youth to be placed on the highest level of parole supervision for the entire time he/she receives a housing rent subsidy; (9) remove the prohibition on youth who are required to register as sex offenders from being eligible to receive financial reentry support for on-campus college housing; (10) add that the division director over parole services or his/her designee is the approval authority for requests for financial reentry support; (11) clarify that financial reentry support may not be expended (rather than used for expenses that are incurred) after a youth's discharge from TJJD; and (12) add that the executive director or designee (rather than the division director over the subsidized living support program) may make exceptions to this rule on a case-by-case basis.

FISCAL NOTE

Mike Meyer, Chief Financial Officer, has determined that for each year of the first five years the amended sections are in effect, there will be no significant fiscal impact for local governments as a result of enforcing or administering the sections. To the extent the financial reentry support program is enhanced under the amended sections, there may be a cost savings for state government over that same time frame. It is expected that an enhanced program would have a positive impact on youths' transition to the community and contribute to lower parole revocation rates. However, any resulting cost savings cannot be reliably estimated at this time.

PUBLIC BENEFITS/COSTS

Rebecca Walters, Senior Director for Youth Placement, Reentry, and Program Development, has determined that for each year of the first five years the amended sections are in effect, the public benefit anticipated as a result of administering the sections will be promoting successful outcomes for youth upon community reentry, thereby enhancing public safety.

Mr. Meyer has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the sections as proposed. No private real property rights are affected by adoption of these sections.

PUBLIC COMMENTS

Comments on the proposal may be submitted within 30 days after publication of this notice to Steve Roman, Policy Coordinator, Texas Juvenile Justice Department, P.O. Box 12757, Austin, Texas, 78711, or email to policy.proposals@tjjd.texas.gov.

STATUTORY AUTHORITY

The amended sections are proposed under Section 242.003, Human Resources Code, which authorizes TJJD to adopt rules appropriate to the proper accomplishment of its functions and to adopt rules for governing TJJD schools, facilities, and programs; Section 242.059, Human Resources Code, which authorizes TJJD to establish active parole supervision to aid children given conditional release to find homes and employment and to become reestablished in the community; and Section 245.001, Human Resources Code, which authorizes TJJD to employ parole officers to investigate, place, supervise, and direct the activities of a parolee to ensure the parolee's adjustment to society in accordance with TJJD's rules.

No other statute, code, or article is affected by this proposal.

§380.8581.Supervision Levels in Parole Home Placement.

(a) Purpose. This rule provides [The purpose of this rule is to provide] for varying intensity levels of supervision for youth on parole status in a home placement or home substitute placement.

(b) Definitions. For definitions of certain terms used in this rule, see §380.8501 of this title.

(c) General Provisions.

(1) Levels of supervision intensity are based on each youth's needs and the degree of risk presented to the public. The three levels of parole supervision are minimum, moderate, and intensive.

(2) Upon release, all youth are initially placed on intensive supervision unless waived by the executive director or designee on a case-by-case basis.

[(3) Youth who receive a housing rent subsidy under §380.8583 of this title remain on intensive supervision for the duration of the subsidy.]

(3) [(4)] The level [Levels] of supervision is [are] reassessed at least once every [on a scheduled basis not to exceed] 90 days or [and any time] sooner, as deemed appropriate by the parole officer. This reassessment may result in an increase, a decrease, or no change in the level of [parole] supervision.

§380.8583.Financial Support for Reentry [Subsidized Living Support Program].

(a) Purpose. This rule promotes successful community reentry by providing limited, targeted financial support to eligible youth. [The purpose of this rule is to establish a program to provide eligible youth with financially subsidized living support for a limited time as necessary to attain self-sufficiency.]

(b) Definitions. For definitions of certain terms used in this rule, see §380.8501 of this title.

(c) Eligibility Criteria.

(1) To qualify for financial reentry [subsidized living] support, the youth must:

[(A) complete an independent living preparation curriculum approved by TJJD;]

(A) [(B)] be assigned to parole status or be placed in a halfway house; and

(B) have an identified financial need that:

(i) cannot be met using the youth's student trust fund or other resources available to the youth; and

(ii) is directly related to the youth's community reintegration plan.

[(C) complete a specified number of hours of community service as established by TJJD;]

[(D) complete a specified number of months of employment or school attendance as established by TJJD; and]

[(E) sign a subsidized living support agreement.]

(2) To qualify for a housing rent subsidy, a youth must meet the following criteria in [In] addition to the criteria in paragraph (1) of this subsection[, a youth must meet the following criteria to qualify for a housing rent subsidy]:

(A) be assigned to parole status;

(B) complete an independent living preparation curriculum approved by TJJD;

(C) complete the number of hours of community service specified by TJJD;

(D) complete the number of months of employment or school attendance specified by TJJD;

(E) sign a subsidized living support agreement;

(F) [(A)] be [the youth is] at least 18 years of age; and

(G) [(B)] have [the youth has] enough personal savings to pay all necessary deposits and the first month's rent. [; and]

(3) [(C)] A housing rent subsidy may be provided only if TJJD has determined it is in the youth's best interest to be placed in an unsupervised home location.

(d) Requests and Approvals. To receive financial reentry support, a youth must:

(1) complete and submit the appropriate request form, which must show how the financial need is directly related to the youth's community reintegration plan; and

(2) receive approval from the division director over parole services or designee.

(e) [(d)] [Subsidy] Limitations.

(1) The provision of financial reentry support [subsidies] is contingent on the availability of funds.

(2) TJJD may terminate a youth's financial reentry support [subsidy] due to a youth's failure to abide by:

(A) his/her conditions of parole or conditions of placement; or

(B) the terms of the subsidized living support agreement, if applicable.

(3) A housing rent subsidy may not be provided for longer than six months.

(4) Financial reentry support [A subsidy] may not be expended [used for expenses that are incurred] after a youth is discharged from TJJD's jurisdiction.

(5) Financial reentry support [A subsidy] may be provided [only] for [the following] expenses including, but not limited to:

(A) rent;

(B) electric service;

(C) household goods;

(D) food;

(E) public transportation passes;

(F) employment-related clothing;

(G) college expenses, such as tuition, books, and room and board; [and]

(H) technical school or training expenses, such as tuition and tools; and[.]

(I) structured leisure time activities.

[(6) Youth required to register as sex offenders are not eligible to receive a subsidy for on-campus college housing expenses.]

(f) [(e)] Program Requirements for Youth Receiving a Housing Rent Subsidy.

[(1) The youth is placed on the highest level of parole supervision for the entire time he/she receives a housing rent subsidy.]

(1) [(2)] A [The] youth's parole officer has [will have] access to the [a] youth's living quarters in accordance with the terms of the subsidized living support agreement.

(2) [(3)] The youth's personal property will be disposed of in accordance with the terms of the subsidized living support agreement if the youth's parole is revoked or if the property is lost, damaged, or abandoned.

(g) [(f)] Individual Exceptions. The executive director or designee [division director over the subsidized living support program] may make exceptions to provisions of this rule on a case-by-case basis, taking into consideration a youth's reintegration needs and public safety.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on September 26, 2017.

TRD-201703846

Jill Mata

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: November 12, 2017

For further information, please call: (512) 490-7014