1. (a) Purpose. The purpose of this rule is to acknowledge the rights of victims as described in the Texas Family Code, Section 57.001, provide information as required, and allow victims to provide input into the release process of youth committed to the Texas Youth Commission (TYC).
2. (b) Applicability. Rules governing confidentiality of youth records can be found in §99.1 of this title regarding confidentiality of a youth's alcohol and drug abuse and §99.9 of this title regarding access to youth information and records.

3. (c) Definitions.

   1. (1) Victim--a person who as the result of the delinquent conduct of a child suffers a financial loss or personal injury or harm.
   2. (2) Close relative of a deceased victim--a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister, or child of the deceased victim.
   3. (3) Guardian of a victim--a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetence of the victim.
4. (d) All of the rules and procedures afforded to a victim of a youth in TYC custody, as indicated by the use of the term victim in this section, are equally afforded to the victim's guardian or close relative if the victim is deceased.

5. (e) Victim Confidentiality.

   1. (1) Information in a victim impact statement or information submitted in the preparation of a victim impact statement is confidential with regard to the victim's name, social security number, address, or any other identifying information, regardless of whether a victim has filed a written, formal request to allow public access of the information held to be disclosed.
   2. (2) Any victim involvement while the youth is in TYC custody is confidential.

6. (f) Victim's Right to Information.

   1. (1) A victim may request, in writing, any of the information listed below:

      1. (A) information concerning the procedures for release or transfer of the youth from one program placement to another including to the custody of the pardons and paroles division of the Texas Department of Criminal Justice (TDCJ) for parole;
      2. (B) notification of the proceedings for release under supervision including release on parole status, or release to a non-institutional community placement, or transfer to TDCJ for parole concerning the youth; and
      3. (C) notification of the youth's release under supervision including release on parole status, or release to a non-institutional community placement, or transfer to TDCJ for parole.
   2. (2) The requested information, if appropriate, will be sent to the victim at his or her most current address on file by TYC staff at the youth's placement program or administrator of victim services.

   3. (3) For a victim who has requested information, the appropriate TYC staff may reveal only the following:

      1. (A) youth is under TYC's jurisdiction;
      2. (B) the minimum length of stay and/or the minimum period of confinement;
      3. (C) the committing offense in which the victim was involved;
      4. (D) conditions of parole supervision (except specialized treatment);
      5. (E) information about a TYC administrative hearing for the offense in which the victim was involved;
      6. (F) that the youth has been transferred to another location and the name of that location unless the program is only for substance abuse treatment;
      7. (G) the name of the youth's caseworker or parole officer; and
      8. (H) information about the agency's rehabilitation program (do not reveal specific information regarding the youth's treatment).

7. (g) Victim's Right to Participation.

   1. (1) A victim may provide to TYC for inclusion in the youth's masterfile information to be considered by the commission before the release under supervision including release on parole status, or release to a non-institutional community placement, or TDCJ transfer for parole.
   2. (2) If the victim requests in writing and receives permission to provide input in person, he or she may participate in a youth's staffing for release under supervision (home on parole status), or movement to a non-institutional community placement, or transfer to TDCJ parole. The victim shall not be allowed to attend the entire staffing regarding the youth.
   3. (3) Victims who appear in person will be provided a waiting area separate from any location where they might encounter youth.
8. (h) Victim Appeal. The victim has no right of appeal in any TYC decision.

Source Note:The provisions of this §385.8135 adopted to be effective December 16, 1999, 24 TexReg 10892; amended to be effective May 31, 2006, 31 TexReg 4442; amended to be effective November 1, 2011, 36 TexReg 7345; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.