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TEXAS YOUTH COMMISSION

TEXAS YOUTH COMMISSION. LENGTHS OF STAY. 2008 Nuts & Bolts of Juvenile Law Conference. COMMITMENT TO TYC. As of 6/8/07 (SB 103) Direct adjudication for felony offense Revocation of felony probation Determinate commitment (specified time) Indeterminate commitment (up to age 19).

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TEXAS YOUTH COMMISSION

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  1. TEXAS YOUTH COMMISSION LENGTHS OF STAY 2008 Nuts & Bolts of Juvenile Law Conference

  2. COMMITMENT TO TYC As of 6/8/07 (SB 103) • Direct adjudication for felony offense • Revocation of felony probation • Determinate commitment (specified time) • Indeterminate commitment (up to age 19)

  3. Minimum Period of ConfinementDeterminate Sentence Human Resources Code § 61.081 • Capital offense – 10 years • First Degree Felony – 3 years • Second Degree Felony – 2 years • Third Degree Felony – 1 year

  4. Minimum Period of ConfinementDeterminate Sentence Human Resources Code §54.052 • When a Judge orders that a child should be given credit on the sentence for time spent in a secure detention facility before transfer to TYC: • TYC will grant credit in computing the child’s eligibility for parole and discharge • Credit toward the minimum period of confinement • Credit toward the sentence

  5. LENGTH OF STAYIndeterminate Sentence • Minimum Length of Stay (MLOS) (Upon Commitment) • Extension Length of Stay (Upon Completion of MLOS) • Revocation Length of Stay (Upon Parole Revocation)

  6. LENGTH OF STAYExtension Length of Stay Release Review Panel (Human Resources Code §61.0815) After completion of the minimum length of stay: • Discharge from the custody of TYC • Release under supervision • Extend the length of stay in residential placement

  7. LENGTH OF STAYExtension Length of Stay Criteria • By a majority vote • Based on clear and convincing evidence • Youth is in need of additional rehabilitation • Residential placement is the most suitable environment for the rehabilitation (Number of months is dependent upon the rehabilitation need)

  8. LENGTH OF STAYRevocation Length of Stay • Assigned by an Administrative Law Judge upon the revocation of a youth’s parole • Lengths of Stay: • 24 months: Violent A Offenses • 12 months: Violent B Offenses • 9 months: general felony offenses • 3 months for misdemeanor offenses and technical violations

  9. CURRENT POLICY Severity of Classifying Offense Most serious of the relevant offenses includes: committing offense, or any offense youth is on probation for at time of committing offense NEW PLAN Seriousness of committing offense (does not include other probation offenses) Risk to the community (considers risk factors) Will apply only to youth committed after the effective date of the new policy. LENGTH OF STAYMinimum Length of STay

  10. LENGTH OF STAY (current policy) Classifying Offense • Type A Violent Offender : 24 months • Type B Violent Offender: 12 months • Chronic/Serious Offender: 12 months • Controlled Substances Dealer: 12 month • Firearms Offender: 12 months • General Offender: 9 months * See Attachment A: GAP 85.23 and 85.25

  11. LENGTH OF STAYNew Plan Human Resources Code §61.062 • Nature and seriousness of committing offense (does not include other probation offenses) • Danger child poses to the community (risk assessment) * See Attachment B: CCF 040

  12. LENGTH OF STAYFactoring Grid Assessment Rating

  13. LENGTH OF STAYSeverity of Offense

  14. LENGTH OF STAY Minimum Length of Stay Assessment Rating Level Assessment of risk factors that focus on events in a youth’s life that increase the likelihood of continued criminal activity.

  15. Length of StayDanger to Community • Age at first offense • Misdemeanor referrals • Felony referrals • Weapon referrals • Against-person misdemeanor referrals • Against-person felony referrals • Confinement in secure detention for at least 48 hours • Commitment orders with at least one day of confinement • Escapes • Warrants for failure to appear in court or absconding * See Appendix B: CCF 040

  16. LENGTH OF STAYDANGER TO COMMUNITY Assessment Rating Level • High (12 - 31) • Moderate (6- 11) • Low (0 - 5)

  17. LENGTH OF STAYFactoring Grid Assessment Rating

  18. Miscellaneous Issues • Completion of MLOS does not mean an automatic release to parole. • New policy will provide for a youth to move to lower restriction facility and/or parole based on the youth’s progress in treatment programs warrants an early release.

  19. Miscellaneous Issues • When a youth is recommitted to TYC for a second offense the time will run concurrently with any incomplete MLOS. • Reminder: The commitment offense is a major factor in determining MLOS. • Reminder: The new MLOS plan will not apply to youth committed to TYC prior to the effective date of the policy.

  20. VISION AND FRAMEWORKwww.tyc.state.tx.us

  21. QUESTIONS? Karol Davidson Staff Attorney Texas Youth Commission (512) 424-6188 Karol.Davidson@tyc.state.tx.us

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