(a) Purpose. The purpose of this rule is to ensure compliance with Chapter 62 of the Texas Code of Criminal Procedure, regarding the assignment of a risk level for sex offenders who are in the custody of the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies to youth who have been adjudicated for a sex offense that requires sex offender registration.
(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.
  (1) Risk Assessment Review Committee (RARC)--A statutorily mandated committee created to oversee the assignment of sex offender risk levels. The committee is administered by the Texas Department of Criminal Justice.
  (2) Sex Offender Risk Assessment--The validated instrument used to determine the risk for sexual re-offending.
(d) Risk Assessment. Each youth adjudicated for a sex offense that requires sex offender registration must have a risk assessment completed by trained staff prior to the youth's release from a secure facility operated by or under contract with TJJD. The youth is then assigned a risk level based on the risk assessment instrument(s) approved by the RARC.
(e) Overrides. If a risk level is not believed to be an accurate prediction of the risk the youth poses to the community, TJJD may override the risk level or submit a request to the RARC for an override decision. The justification for a decision to override a risk level must be documented and filed in the youth's case file.
(f) Notifications. TJJD notifies the youth and, if the youth is under 18 years of age, the youth's parents/guardian, of the result of the risk assessment and the outcome of any override requests.

Source Note: The provisions of this §380.8787 adopted to be effective September 23, 2002, 27 TexReg 8962; amended to be effective April 25, 2004, 29 TexReg 3801; amended to be effective November 15, 2011, 36 TexReg 7563; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective May 15, 2015, 40 TexReg 2575