(a) Purpose. This rule addresses the rights of victims as described in Texas Family Code Chapter 57 and Texas Code of Criminal Procedure Article 56.02 and allows victims to provide input into the release process of youth committed to the Texas Juvenile Justice Department (TJJD).
(b) Applicability. All of the rules and procedures afforded to a victim of a youth in TJJD custody, as indicated by the use of the term victim in this section, are equally afforded to the guardian of a victim or close relative of a deceased victim.
(c) Definitions.
(1) Victim--a person who as the result of the delinquent conduct of a child suffers a pecuniary loss or personal injury or harm.
(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) 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 incompetency of the victim.
(d) Victim Confidentiality.
(1) Information in a Juvenile Victim Impact Statement or information submitted in the preparation of this statement is confidential with regard to the victim's name, social security number, address, telephone number, and any other information that would identify or tend to identify the victim.
(2) Any information obtained from or about a victim may not be shared with youth and may be disclosed only as provided by law.
(3) Any information that identifies an individual as a victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 43.05, or 43.25, Penal Code, or of any other offense that is part of the same criminal episode as one of those offenses is confidential and may be disclosed only as provided by law.
(4) Any information that identifies an individual as a victim of an offense that was committed when the victim was younger than 18 is confidential and may be disclosed only as provided by law.
(e) Victim's Right to Information.
(1) A victim may request, in writing, any of the information listed below:
(2) If there is a signed request from the victim, the information is sent to the victim's most current address on file.
(3) For a victim who has requested information concerning a youth, TJJD staff may reveal only the following:
(f) Victim's Right to Participation.
(1) A victim may provide information to be considered by TJJD. Information provided by the victim shall be considered:
(2) If the victim requests in writing and receives permission to provide input in person or by videoconference or teleconference, the victim will be provided the opportunity to do so.
(3) Victims who provide input in person are provided a waiting area separate from any location where they might encounter the youth.
(g) Victim Appeal. The victim has no right of appeal in any TJJD 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; amended to be effective December 1, 2016, 41 TexReg 8632; amended to be effective May 1, 2022 47 TexReg 2298