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

The Texas Juvenile Justice Department (TJJD) adopts amendments to 37 TAC §380.8501, Definitions; §380.8555, Program Completion for Non-Sentenced Offenders; and §380.8557, Release Review Panel, with minor capitalization changes to the proposed text as published in the August 1, 2025, issue of the Texas Register (50 TexReg 5040). The rules will be republished.

SUMMARY OF CHANGES

Amendments to §380.8501 include modifying the definition of committing offense to make it clear that only conduct that a child is adjudicated for and committed to TJJD for may be considered the child's committing offense.

Amendments to §380.8555 include: (1) removing the requirement for a youth without a determinate sentence to complete the extension length of stay assigned by the Release Review Panel in order to be meet program completion criteria; (2) establishing a process to determine when a youth who has completed the minimum length of stay but not the extension length of stay has met program completion criteria; and (3) establishing that if the youth loses release eligibility within 30 days before completion of the extension length of stay, the youth's case is referred to the Release Review Panel.

Amendments to §380.8557 include: (1) clarifying the definition of clear and convincing evidence; (2) modifying the definition of extension length of stay to be consistent with the change that youth are not required to complete it in order to meet program completion release criteria; (3) removing the definition of Release Review Panel as unnecessary and instead including an explanation of the purpose of the panel; (4) removing portions of the rule that restate statute; (5) removing portions of the rule that create processes that the executive director is responsible for establishing in policy; (6) adding a provision requiring the executive director to adopt such policies; (7) clarifying that extension lengths of stay may be assigned only when consistent with statute (i.e., if there is clear and convincing evidence that the youth is in need of additional rehabilitation from TJJD and a residential placement will provide the most suitable environment for that rehabilitation); (8) specifying that, consistent with statute, if the panel does not extend the youth's stay, the youth shall be released under supervision or discharged from TJJD; (9) adding language explaining the purpose of a request for reconsideration; (10) replacing the term representative with the term designated advocate, with regard to who may request a reconsideration of a panel decision, in keeping with statutory language; (11) adding a provision allowing the executive director to specify additional persons who may request a reconsideration; and (12) clarifying that the panel's discretion to accept late requests for reconsideration is limited to instances in which good cause is shown for the delay.

PUBLIC COMMENTS

TJJD received no public comments on the proposed rulemaking action.

DIVISION 1. DEFINITIONS

37 TAC §380.8501

STATUTORY AUTHORITY

The amended section is adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to the proper accomplishment of TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs.

§380.8501. Definitions.

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 for which the youth was adjudicated and committed to TJJD, to include offenses for which the youth was committed directly to TJJD and offenses for which the youth was on probation if the probation was modified to commit the youth to TJJD. 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 §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;

(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 §62.001, Code of Criminal Procedure;

(B) felony against a person;

(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 §54.04(d)(3) or §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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on September 16, 2025.

TRD-202503272

Jana Jones

General Counsel

Texas Juvenile Justice Department

Effective date: October 15, 2025

Proposal publication date: August 1, 2025

For further information, please call: (512) 490-7278

DIVISION 5. PROGRAM COMPLETION AND RELEASE

37 TAC §380.8555, §380.8557

STATUTORY AUTHORITY

The amended sections are adopted under §242.003, Human Resources Code, which requires the board to adopt rules appropriate to the proper accomplishment of TJJD's functions and to adopt rules for governing TJJD schools, facilities, and programs. The amended sections are also proposed under §245.101, Human Resources Code, which requires the Board to establish a panel whose function is to determine whether a youth who has completed a minimum length of stay should be discharged, released under supervision, or remain in custody for an additional period of time.

§380.8555. Program Completion for Non-Sentenced Offenders.

(a) Purpose. The purpose of this rule is to establish criteria and the approval process for release of youth upon program completion.

(b) Applicability.

(1) This rule does not apply to sentenced offenders.

(2) This rule does not apply to decisions by the Release Review Panel. See §380.8557 of this chapter for more information on the Release Review Panel.

(c) General Provisions. A detainer or bench warrant is not an automatic bar to earned release. The Texas Juvenile Justice Department (TJJD) releases youth to authorities pursuant to a warrant.

(d) Program Completion Criteria. Youth in high- or medium-restriction facilities are eligible for release to TJJD parole when the following criteria have been met:

(1) no major rule violations proven at a Level II due process hearing within 30 days before the program completion review or during the approval process; and

(2) completion of the minimum length of stay; and

(3) participation in or completion of assigned specialized treatment programs or curriculum as required under §380.8751 of this chapter; and

(4) completion of the following rehabilitation program requirements:

(A) for TJJD-operated facilities, assignment to the highest stage in the assigned rehabilitation program as described in §380.8703 of this chapter; or

(B) for facilities operated under contract with TJJD, completion of requirements for release to parole as defined in the TJJD-approved rehabilitation program; and

(5) participation in or completion of any statutorily required rehabilitation programming, including but not limited to:

(A) participation in a reading improvement program for identified youth to the extent required under §380.9155 of this chapter;

(B) participation in a positive behavior support system to the extent required under §380.9155 of this chapter; and

(e) Review and Approval Process.

(1) Program Completion Review.

(A) Before the expiration of a youth's initial or revocation minimum length of stay and before the expiration of an extension length of stay, a program completion review is conducted to determine whether the youth appears to meet program completion criteria.

(B) If it is determined the youth does not meet program completion criteria, the youth's case is referred to the Release Review Panel. Staff will discuss with the youth the reasons for the decision to refer the youth's case to the panel.

(C) If it is determined the youth appears to meet program completion criteria, the youth's case is referred to the final decision authority.

(2) Final Decision Authority for Approval of Release.

(A) The final decision authority shall confirm whether the youth meets all release criteria and ensure the community reentry/transition plan adequately addresses risk factors prior to approving the release.

(B) If the final decision authority approves the release, the youth must be placed on parole or parole status no later than 15 calendar days after the minimum length of stay date.

(C) If the final decision authority does not approve the release, the youth's case is referred to the Release Review Panel.

(3) Program Completion Prior to Expiration of the Extension Length of Stay.

(A) This paragraph applies to a youth who is not subject to review under paragraph (1) of this subsection.

(B) A youth with an extension length of stay is not required to complete the extension in order to meet program completion criteria. As soon as a youth with an extension length of stay appears to meet the program completion criteria in subsection (d) of this section, a program completion review is conducted.

(C) If it is determined the youth appears to meet program completion criteria, the youth's case is referred to the final decision authority.

(D) If the final decision authority approves the release, the youth must be placed on parole or parole status no later than 15 calendar days after the extension length of stay date.

(E) If the final decision authority does not approve the release, the youth remains in the facility and is reviewed again under this paragraph or paragraph (1) of this subsection, as appropriate.

(f) Loss of Release Eligibility.

(1) Except as provided by paragraph (2) of this subsection, if a youth loses release eligibility after the program completion review and before release to parole, the youth's case is referred to the Release Review Panel.

(2) If a youth approved for release under subsection (e)(3) of this section loses release eligibility, the youth's case is referred to the Release Review Panel only if the youth has completed the extension length of stay or will do so within 30 days.

(g) Active Warrants. At least ten calendar days before the youth's release, TJJD notifies any entity that has issued an active warrant for the youth.

§380.8557. Release Review Panel.

(a) Purpose. This rule establishes a Release Review Panel to determine whether a youth who has completed the minimum length of stay should be discharged from the custody of the Texas Juvenile Justice Department (TJJD), released under supervision, or given an extended length of stay. This rule also establishes a process to request reconsideration of an order issued by the Release Review Panel.

(b) Applicability. This rule applies to all youth committed to TJJD without a determinate sentence who have completed the minimum length of stay or extension length of stay and have not been approved for release under §380.8555 of this chapter.

(c) Definitions. Except as specified in this subsection, see §380.8501 of this chapter for definitions of terms used in this rule. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.

(1) Clear and Convincing Evidence--A standard of proof meaning that the thing that must be proven is highly probable or reasonably certain to exist; more than a preponderance of the evidence but less than beyond a reasonable doubt.

(2) Extension Length of Stay--A period of time in addition to the minimum length of stay that a youth is assigned to remain in residential placement unless the youth meets release criteria before the time has expired.

(3) Major Rule Violation--A violation in the most serious category of rule violations for residential facilities, as listed in §380.9503 of this chapter.

(4) Residential Placement--A high- or medium-restriction facility, as defined in §380.8527 of this chapter.

(5) Victim--Any victim who has requested notification of release or discharge proceedings.

(d) General Provisions.

(1) Purpose of the Panel. The purpose of the panel is to review youth committed to TJJD without a determinate sentence who have completed the minimum length of stay or extension length of stay but have not been approved for release under TJJD policy.

(2) Panel Members. Panel members are appointed by the executive director in accordance with state law and policies adopted by the executive director.

(3) Executive Director Policies.

(A) The executive director shall adopt policies that ensure the transparency, consistency, and objectivity of the panel's composition, procedures, and decisions.

(B) The policies must allow the panel to review any information relevant to the youth's progress and rehabilitation, irrespective of the form of the information.

(C) The policies must ensure the youth, parents/guardians, victims, attorneys for youth, and other relevant individuals are given the opportunity to provide information for the panel's consideration.

(4) Extension Length of Stay.

(A) An extension length of stay may be assigned only if the panel determines by majority vote that there is clear and convincing evidence that:

(i) the youth is in need of additional rehabilitation from TJJD; and

(ii) a residential placement will provide the most suitable environment for that rehabilitation.

(B) If the panel extends the length of a youth's stay, the panel shall specify the length of the extension length of stay.

(C) If the panel does not extend the length of a youth's stay, the youth must be released under supervision or discharged from TJJD.

(e) Request for Reconsideration of an Extension Order.

(1) The purpose of a request for reconsideration is to request that a decision by the panel be reconsidered and changed.

(2) A request for reconsideration of an extension order may be submitted by:

(A) the youth;

(B) the youth's parent/guardian;

(D) the youth's victim(s);

(E) a TJJD employee;

(F) an employee of a TJJD contractor;

(G) a person who provides volunteer services at a TJJD facility;

(H) the TJJD ombudsman; or

(I) any other person designated by the executive director.

(3) The request for reconsideration must be in writing and must be received by the panel no later than 15 calendar days after the date of the written notice explaining the reason for the extension. Requests for reconsideration received after that time may be considered at the discretion of the panel if good cause is shown for the delay.

(4) The youth may request assistance from any TJJD staff member or volunteer in completing a request for reconsideration.

(5) The person submitting the request for reconsideration must state in the request the reason for the request. The request should relate to the reasons given for the extension or be based on relevant information concerning the youth's programming and treatment progress.

(6) Upon receipt of a request for reconsideration that is timely filed or that is accepted late by the panel as provided in paragraph (3) of this subsection, the panel:

(A) shall reconsider an extension order that extends the youth's stay in TJJD custody by six months or more or that, when combined with previous extension orders, results in an extension of the youth's stay in TJJD custody by six months or more; and

(B) may, at its discretion, reconsider extension orders that extend a youth's stay in TJJD custody by a length of time not addressed in subparagraph (A) of this paragraph.

(7) The panel must complete the reconsideration no later than 15 days after receipt of the request. The panel shall provide the youth, the youth's parent/guardian, the attorney or designated advocate of the youth, and the person who submitted the request for reconsideration with a written explanation of the panel's decision. The explanation shall include an indication that the panel has considered the information submitted in the request. If the reconsideration results in a decision to release or discharge the youth, any victims shall be notified.

(8) A reconsideration decision by the panel exhausts all administrative remedies regarding release after expiration of the minimum length of stay.

(f) Request for Reconsideration of a Release or Discharge Order.

(1) For youth in a high-restriction facility, a release or discharge order is considered conditional until the youth has been physically released from the facility.

(2) For youth in a medium-restriction facility, including a halfway house:

(A) a release order is considered conditional until the youth's status has been changed from institutional to parole status; and

(B) a discharge order is considered conditional until the youth has been physically released from the facility.

(3) The executive director, the chief inspector general, the general counsel, the deputy executive director for state services, the chief of staff, the facility administrator, appropriate contract-care monitoring staff, staff designated by the executive director, or the TJJD ombudsman may request a reconsideration of a release or discharge order as long as the release or discharge order is still conditional, as provided by paragraphs (1) and (2) of this subsection.

(4) If, while the release or discharge order is still conditional, the youth is alleged to have committed a major rule violation or new information becomes available that indicates the youth is likely in need of further rehabilitation at a TJJD facility, staff designated by the executive director must request reconsideration of the release or discharge order.

(5) The youth shall be provided a copy of the request for reconsideration before the panel makes its decision regarding the reconsideration. The youth shall be given the opportunity to provide information to the panel concerning the reason(s) for the request. If the youth is represented by an attorney or other representative, that person shall also be provided with a copy of the request for reconsideration and given an opportunity to provide information to the panel.

(6) The panel must complete the reconsideration no later than 15 days after the receipt of the request. The panel shall provide the youth, the youth's parent/guardian, the requestor, and facility staff with a written explanation of the panel's decision. The reply shall include an indication that the panel has considered the information submitted in the request. If the reconsideration results in a change in the original panel decision, any victims shall be notified.

(7) If reconsideration of a release or discharge order results in a decision to extend the youth's length of stay, a person listed in subsection (g) of this section may request reconsideration according to the process established in that subsection. That reconsideration decision exhausts all administrative remedies.