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.