1. (a) Purpose. The Texas Youth Commission (TYC) operates security programs at its high restriction facilities in order 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, and security provisions, and requirements for due process and administrative review for youth admitted to the security program.
2. (b) Applicability. This rule applies to TYC-operated high restriction facilities that operate security units.
3. (c) Definitions. Security Unit--a secure building on the campus of a high restriction TYC facility which contains individual rooms and a central control station. Entry to and exit from the building are controlled exclusively by staff.

4. (d) General Provisions.

   1. (1) Confinement in the security program shall not be used as punishment or as a convenience for staff.
   2. (2) Youth shall be afforded all basic youth rights, as established in §93.1 of this title, while confined in the security program.
   3. (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 shall not exceed five calendar days or a maximum of 120 hours.
   4. (4) The security program shall be operated within the security unit.

5. (e) Admission Criteria. A youth may be admitted to the security program when there is a reasonable belief the youth has committed a major rule violation or a minor rule violation requiring referral to the security unit, and:

   1. (1) the youth is a serious and continuing escape risk;
   2. (2) the youth is a serious and immediate physical danger to others and staff cannot protect them except by admitting the youth to security program;
   3. (3) confinement is necessary to prevent imminent and substantial damage to property;
   4. (4) confinement is necessary to control behavior that disrupts programming to the extent that the current program cannot continue except by admitting the youth to the security program; or
   5. (5) the youth is likely to interfere with a pending or ongoing investigation or a requested or scheduled due process hearing.

6. (f) Admission Process.

   1. (1) Within one hour after a youth's arrival at the security unit (or up two hours if an extension is approved by the facility administrator or designee), a staff member will hold a Level III hearing in accordance with §95.57 of this title to determine whether admission criteria have been met. The staff member appointed to conduct the review must not have been involved in the referral to the security program.
   2. (2) If admission criteria are not met, the youth must be returned to the general population immediately.
   3. (3) If admission criteria are met, the youth will be admitted to the security program for up to 24 hours.

7. (g) Extension Process.

   1. (1) Extension Criteria.

      1. (A) A 24-hour extension may be authorized if the following criteria are met, as established through a Level III hearing conducted in accordance with §95.57 of this title:

         1. (i) based on current behavior, one or more of the admission criteria listed in subsection (e)(1) - (5) of this section continue to be present; or
         2. (ii) there is documented evidence that the youth is not complying with the security program rules of conduct.
      2. (B) No more than four (4) extensions may be authorized by facility staff.

   2. (2) Extensions Beyond Five Days.

      1. (A) The division director over residential services or designee may approve extensions after the 5th day of confinement only when no less restrictive placement is suitable for managing the youth's behavior and:

         1. (i) the youth continues to present an immediate physical danger to others; or
         2. (ii) the youth continues to be likely to interfere with a pending or ongoing investigation or a scheduled hearing.
      2. (B) Each extension is valid for up to 72 hours.

8. (h) Release to the General Population.

   1. (1) A youth shall be released to the general population upon:

      1. (A) the expiration of the most recently approved period in confinement; or
      2. (B) prior to the expiration of the most recently approved period upon a determination that the youth's behavior no longer warrants confinement in the security unit.
   2. (2) A youth may be released from the security program only by the director of security or a staff member authorized to conduct an admission hearing.

9. (i) Administrative Reviews and Appeals.

   1. (1) The director of security or designee will review all admission and local extension decisions within one workday. The person reviewing the decision must not have been involved in the decision. If it is determined that admission or extension criteria were not met or appropriate due process was not provided:

      1. (A) the youth will be returned to the general population immediately; and
      2. (B) the youth's record will be corrected to reflect the overturned security admission or extension.
   2. (2) The youth will be notified in writing of his/her right to appeal a security program admission or extension to the facility administrator or designee. Appeals of decisions made by the facility administrator will be decided by the division director over residential services or designee. The youth is notified in writing of the outcome of the appeal.

10. (j) Security Program Requirements.

    1. (1) Staff shall visually check each youth at least once every 15 minutes and shall document youth activity and location during the check.
    2. (2) Individual doors are locked.
    3. (3) The security program will adhere to a standard schedule approximating that of the general population. The schedule must include at least four hours outside of the locked room for each youth if the youth's behavior permits.
    4. (4) The standard schedule and security program rules of conduct will be posted and reviewed with youth.
    5. (5) Staff from the administrative, clinical, and/or religious departments shall visit each youth at least once each day. A nurse and case manager shall visit each youth at least once each day. Actual entry into the room or removal of the youth from the room for the purpose of discussion or counseling constitutes a visit, unless a youth's behavior prohibits direct contact for safety reasons.

    6. (6) Youth shall be provided:

       1. (A) appropriate psychological and medical services;
       2. (B) an intervention plan that addresses the behavior that resulted in the referral or extension;
       3. (C) adequate access to restroom facilities and drinking water;
       4. (D) access to shower and hygiene routine at least once every 24 hours, as behavior permits;
       5. (E) the same food, including snacks, prepared in the same manner as for other youth except for special diets that are prescribed on an individual basis by a physician, dentist, mental health professional, or approved by a chaplain;
       6. (F) ability to earn privileges;
       7. (G) access to at least five and one-half hours of education services each scheduled instructional day;
       8. (H) educational services that will enable the youth to meet the goals of the youth's individualized education plan, if the youth is currently receiving special education services; and
       9. (I) one hour each day of large muscle exercise out of the room or in an enclosed outdoor recreation area, as the youth's behavior and weather permit.

Source Note:The provisions of this §380.9740 adopted to be effective September 1, 2009, 34 TexReg 5573; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.