(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct for residential facilities. Violations of the rules may result in disciplinary consequences that are proportional to the severity and extent of the violation. Appropriate due process, including a consideration of extenuating circumstances, shall be followed before imposing consequences.
(b) Applicability. This rule applies to youth assigned to residential facilities operated by the Texas Juvenile Justice Department (TJJD).
(c) Definitions. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.
  (1) Attempt to Commit--a youth, with specific intent to commit a rule violation, engages in conduct that amounts to more than mere planning that tends but fails to effect the commission of the intended rule violation.
  (2) Bodily Injury--physical pain, illness, or impairment of physical condition. Fleeting pain or minor discomfort does not constitute bodily injury.
  (3) Direct Someone to Commit--occurs when:
    (A) a youth communicates with another youth;
    (B) the communication is intended to cause the other youth to commit a rule violation; and
    (C) the other youth commits or attempts to commit a rule violation.
  (4) Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.
(d) General Provisions.
  (1) Formal incident reports are completed for alleged rule violations as required by internal operational procedures.
  (2) A formal incident report is not proof that a youth committed an alleged rule violation. Only rule violations that are proven through a Level I or Level II due process hearing in accordance with §380.9551 or §380.9555 of this chapter, respectively, are considered proven and are considered a part of a youth's disciplinary record. A formal incident report is not appealable or grievable; only disciplinary consequences may be appealed or grieved, as provided below.
  (3) When a youth is found to be in possession of prohibited money as defined in this rule, a Level II hearing is required to seize the money. Seized money shall be placed in the student benefit fund in accordance with §380.9555 of this chapter.
  (4) This paragraph applies only to youth not on parole status who are alleged to have engaged in conduct classified as a first- or second-degree felony while in a residential facility operated by or under contract with TJJD. A Level II hearing shall be requested on these youth unless it is determined that, given all circumstances, a Level II hearing is not appropriate. Such decision shall be documented. If a requested Level II hearing is held and the allegation is proved, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.
(e) Disciplinary Consequences.
  (1) Disciplinary consequences shall be established in writing in TJJD's procedural manuals. Appropriate disciplinary consequences may be imposed only if the consequences are established in writing in TJJD's procedural manuals prior to the occurrence of the conduct for which the consequence is issued.
  (2) Disciplinary consequences may include, but are not limited to, the following:
    (A) suspension of privileges;
    (B) restriction from planned activities;
    (C) trust-fund restriction; and
    (D) disciplinary transfer to a high-restriction facility (available only for youth on institutional status in a medium-restriction facility).
  (3) The following are prohibited as disciplinary consequences:
    (A) corporal or unusual punishment;
    (B) subjecting a youth to humiliation, harassment, or physical or mental abuse;
    (C) subjecting a youth to personal injury;
    (D) subjecting a youth to property damage or disease;
    (E) punitive interference with the daily functions of living, such as eating or sleeping;
    (F) purposeless or degrading work, including group exercise as a consequence;
    (G) placement in the intervention program under §380.9510 of this chapter;
    (H) disciplinary isolation; and
    (I) extending a youth's stay in a TJJD facility.
  (4) A Level II hearing is required before imposing a disciplinary consequence that materially alters a youth's living conditions, including disciplinary transfer from a medium-restriction facility to a high-restriction facility. TJJD's procedural manuals will specify which disciplinary consequences require a Level II hearing. Disciplinary consequences requiring a Level II hearing are considered major consequences.
  (5) If a Level II hearing is not required, the following must occur before imposing disciplinary consequences for a youth in a high-restriction facility:
    (A) a written description of the incident must be prepared;
    (B) staff must tell the youth which rule violation the youth allegedly committed and describe the information staff has that establishes the youth committed it;
    (C) staff must tell the youth what disciplinary consequence(s) staff is considering imposing; and
    (D) the youth must be given the opportunity to address the allegation, including providing any extenuating circumstances and information on the appropriateness of the intended consequence(s).
  (6) If a Level II hearing is not required, a Level III hearing must occur before imposing disciplinary consequences for a youth in a medium-restriction facility, in accordance with §380.9557 of this chapter.
(f) Review and Appeal of Consequences.
  (1) All disciplinary consequences shall be reviewed for policy compliance by the facility administrator or designee within three calendar days after issuance. The reviewing staff shall not be the staff who issued the discipline.
  (2) The reviewing staff may remove or reduce any disciplinary consequence determined to be excessive or not validly related to the nature or seriousness of the conduct.
  (3) Youth may appeal disciplinary consequences issued through a Level II hearing by filing an appeal in accordance with §380.9555 of this chapter.
  (4) Youth in medium-restriction facilities may appeal disciplinary consequences issued through a Level III hearing by filing an appeal in accordance with §380.9557 of this chapter.
  (5) Youth in high-restriction facilities may grieve disciplinary consequences issued without a Level II hearing by filing a grievance in accordance with §380.9331 of this chapter.
(g) Major Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:
  (1) Assault of Another Youth (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to another youth but the conduct does not result in bodily injury.
  (2) Assault of Staff (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to a staff member, contract employee, or volunteer with the intent to cause injury but the conduct does not result in bodily injury.
  (3) Assault Causing Bodily Injury to Another Youth--intentionally, knowingly, or recklessly engaging in conduct that causes another youth to suffer bodily injury.
  (4) Assault Causing Bodily Injury to Staff--intentionally, knowingly, or recklessly engaging in conduct that causes a staff member, contract employee, or volunteer to suffer bodily injury.
  (5) Attempted Escape--committing an act with specific intent to escape that amounts to more than mere planning that tends but fails to effect an escape.
  (6) Chunking Bodily Fluids--causing a person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces of another with the intent to harass, alarm, or annoy another person.
  (7) Distribution of Prohibited Substances--distributing or selling any prohibited substances or items.
  (8) Escape--leaving a high-restriction residential placement without permission or failing to return from an authorized leave.
  (9) Extortion or Blackmail--demanding or receiving favors, money, actions, or anything of value from another in return for protection against others, to avoid bodily harm, or in exchange for not reporting a violation.
Cont'd...