SGN H.B. 1799 75(R)BILL ANALYSIS


CORRECTIONS
H.B. 1799
By: Wise
3-26-97
Committee Report (Unamended)

BACKGROUND 

Because many sex offenders repeat their crimes against children, some
states have legislated specific provisions to guarantee more protection
for children.  These statutes direct that more information regarding the
offense be provided to the parole board, a thorough evaluation be
conducted of the prisoner, and treatment be required on an outpatient
basis while the offender is on parole. 

PURPOSE

H.B. 1799 requires the prosecutor to inform the department of the
circumstances related to the offense and any other information that may be
relevant to subsequent parole decisions.  This bill requires a parole
panel to require that a prisoner submit to an evaluation by an individual
or organization that provides sex offender treatment.  Also requires the
parole board to impose as a condition of parole for a period of three (3)
years that the offender attend psychological counseling sesssions for sex
offenders.  Requires a correctional facility to notify local law
enforcement officials and the victim when the offender is released from
incarceration or escapes. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8(e), Article 42.18, Code of Criminal
Procedure, (Eligibility for Release, Conditions on Release), to require
that the prosecuting attorney of a prisoner serving a sentence for an
offense described by Section 8(u)(2), provide written comments to the
department on the circumstances related to the commission of the offense
and other information determined by the attorney to be relevant to any
subsequent parole decisions regarding the prisoner.  

SECTION 2.  Amends Section 8(f)(2), Article 42.18, Code of Criminal
Procedure, to provide that before a parole panel considers a prisoner
serving a sentence for an offense under Section 8 (u)(2) for release, the
panel shall require that the prisoner submit to an evaluation by an
individual or organization that provides sex offender treatment or
counseling for the purpose of determining whether the person if  released
would pose a threat to public society.   

SECTION 3.  Amends Section 8(u)(1), Article 42.18, Code of Criminal
Procedure, to provide that three (3) years is the minimum number of years
a sex offender parolee must receive psychological counseling sessions.  

 SECTION 4.  Amends Article 56.11(a), Code of Criminal Procedure, as
amended by Senate Bill 97, Acts of the 75th Texas Legislature, Regular
Session, 1997, earlier this session, to provide that a victim of a person
convicted of a felony offense described by Section 8(u)(2), Article 42.18,
shall be notified when the person is released or escapes.  

SECTION 5.  Effective date:  September 1, 1997.

SECTION 6.  Emergency clause.