By: Shapiro S.B. No. 1232 A BILL TO BE ENTITLED AN ACT 1-1 relating to conditions for probation and release under supervision 1-2 for a child adjudicated for engaging in certain delinquent conduct 1-3 and to certain instruction and treatment for the parent or guardian 1-4 of the child. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 54, Family Code, is amended by adding 1-7 Section 54.0405 to read as follows: 1-8 Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT 1-9 CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a 1-10 disposition under Section 54.04 in which a child described by 1-11 Subsection (b) is placed on probation and the court determines that 1-12 the victim of the offense was a child as defined by Section 1-13 22.011(c), Penal Code, the court may require as a condition of 1-14 probation that the child: 1-15 (1) attend psychological counseling sessions for sex 1-16 offenders as provided by Subsection (e); and 1-17 (2) submit to a polygraph examination as provided by 1-18 Subsection (f) for purposes of evaluating the child's treatment 1-19 progress. 1-20 (b) This section applies to a child placed on probation for 1-21 conduct constituting an offense: 1-22 (1) under Section 21.08, 21.11, 22.011, 22.021, or 1-23 25.02, Penal Code; 2-1 (2) under Section 20.04(a)(4), Penal Code, if the 2-2 child engaged in the conduct with the intent to violate or abuse 2-3 the victim sexually; or 2-4 (3) under Section 30.02, Penal Code, punishable under 2-5 Subsection (d) of that section, if the child engaged in the conduct 2-6 with the intent to commit a felony listed in Subdivision (1) or (2) 2-7 of this subsection. 2-8 (c) Psychological counseling required as a condition of 2-9 probation under Subsection (a) must be with an individual or 2-10 organization that: 2-11 (1) provides sex offender treatment or counseling; 2-12 (2) is specified by the local juvenile probation 2-13 department supervising the child; and 2-14 (3) meets minimum standards of counseling established 2-15 by the local juvenile probation department. 2-16 (d) A polygraph examination required as a condition of 2-17 probation under Subsection (a) must be administered by an 2-18 individual who is: 2-19 (1) specified by the local juvenile probation 2-20 department supervising the child; and 2-21 (2) licensed as a polygraph examiner under the 2-22 Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil 2-23 Statutes). 2-24 (e) A local juvenile probation department that specifies a 2-25 sex offender treatment provider under Subsection (c) to provide 3-1 counseling to a child shall: 3-2 (1) establish with the cooperation of the treatment 3-3 provider the date, time, and place of the first counseling session 3-4 between the child and the treatment provider; 3-5 (2) notify the child and the treatment provider, not 3-6 later than the 21st day after the date the order making the 3-7 disposition placing the child on probation under Section 54.04 3-8 becomes final, of the date, time, and place of the first counseling 3-9 session between the child and the treatment provider; and 3-10 (3) require the treatment provider to notify the 3-11 department immediately if the child fails to attend any scheduled 3-12 counseling session. 3-13 (f) A local juvenile probation department that specifies a 3-14 polygraph examiner under Subsection (d) to administer a polygraph 3-15 examination to a child shall arrange for a polygraph examination to 3-16 be administered to the child: 3-17 (1) not later than the 60th day after the date the 3-18 child attends the first counseling session established under 3-19 Subsection (e); and 3-20 (2) after the initial polygraph examination, as 3-21 required by Subdivision (1), on the request of the treatment 3-22 provider specified under Subsection (c). 3-23 (g) A court that requires as a condition of probation that a 3-24 child attend psychological counseling under Subsection (a) may 3-25 order the parent or guardian of the child to: 4-1 (1) attend four sessions of instruction with an 4-2 individual or organization specified by the court relating to: 4-3 (A) sexual offenses; 4-4 (B) family communication skills; 4-5 (C) sex offender treatment; 4-6 (D) victims' rights; 4-7 (E) parental supervision; and 4-8 (F) appropriate sexual behavior; and 4-9 (2) during the period the child attends psychological 4-10 counseling, participate in monthly treatment groups conducted by 4-11 the child's treatment provider relating to the child's 4-12 psychological counseling. 4-13 (h) A court that orders a parent or guardian of a child to 4-14 attend instructional sessions and participate in treatment groups 4-15 under Subsection (g) shall require: 4-16 (1) the individual or organization specified by the 4-17 court under Subsection (g) to notify the court immediately if the 4-18 parent or guardian fails to attend any scheduled instructional 4-19 session; and 4-20 (2) the child's treatment provider specified under 4-21 Subsection (c) to notify the court immediately if the parent or 4-22 guardian fails to attend a session in which the parent or guardian 4-23 is required to participate in a scheduled treatment group. 4-24 (i) A court that requires as a condition of probation that a 4-25 child attend psychological counseling under Subsection (a) may, 5-1 before the date the probation period ends, extend the probation for 5-2 any additional period necessary to complete the required counseling 5-3 as determined by the treatment provider, except that the probation 5-4 may not be extended to a date after the date of the child's 18th 5-5 birthday. 5-6 SECTION 2. Section 54.04, Family Code, is amended by adding 5-7 Subsection (p) to read as follows: 5-8 (p) Except as provided by Subsection (l), a court that 5-9 places a child on probation under Subsection (d)(1) for conduct 5-10 described by Section 54.0405(b) and punishable as a felony shall 5-11 specify a minimum probation period of two years. 5-12 SECTION 3. Subchapter F, Chapter 61, Human Resources Code, 5-13 is amended by adding Section 61.0813 to read as follows: 5-14 Sec. 61.0813. SEX OFFENDER COUNSELING AND TREATMENT. 5-15 (a) Before releasing a child described by Subsection (b) under 5-16 supervision, the commission may require as a condition of release 5-17 that the child: 5-18 (1) attend psychological counseling sessions for sex 5-19 offenders as provided by Subsection (e); and 5-20 (2) submit to a polygraph examination as provided by 5-21 Subsection (f) for purposes of evaluating the child's treatment 5-22 progress. 5-23 (b) This section applies to a child only if: 5-24 (1) the child has been adjudicated for engaging in 5-25 delinquent conduct constituting an offense: 6-1 (A) under Section 21.08, 21.11, 22.011, 22.021, 6-2 or 25.02, Penal Code; 6-3 (B) under Section 20.04(a)(4), Penal Code, if 6-4 the child engaged in the conduct with the intent to violate or 6-5 abuse the victim sexually; or 6-6 (C) under Section 30.02, Penal Code, punishable 6-7 under Subsection (d) of that section, if the child engaged in the 6-8 conduct with the intent to commit a felony listed in Paragraph (A) 6-9 or (B) of this subdivision; and 6-10 (2) the victim of the conduct described by Subdivision 6-11 (1) was a child as defined by Section 22.011(c), Penal Code. 6-12 (c) Psychological counseling required as a condition of 6-13 release under Subsection (a) must be with an individual or 6-14 organization that: 6-15 (1) provides sex offender treatment or counseling; 6-16 (2) is specified by the commission; and 6-17 (3) meets minimum standards of counseling established 6-18 by the commission. 6-19 (d) A polygraph examination required as a condition of 6-20 release under Subsection (a) must be administered by an individual 6-21 who is: 6-22 (1) specified by the commission; and 6-23 (2) licensed as a polygraph examiner under the 6-24 Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil 6-25 Statutes). 7-1 (e) In addition to specifying a sex offender treatment 7-2 provider to provide counseling to a child described by Subsection 7-3 (b), the commission shall: 7-4 (1) establish with the cooperation of the treatment 7-5 provider the date, time, and place of the first counseling session 7-6 between the child and the treatment provider; 7-7 (2) notify the child and the treatment provider before 7-8 the release of the child of the date, time, and place of the first 7-9 counseling session between the child and the treatment provider; 7-10 and 7-11 (3) require the treatment provider to notify the 7-12 commission immediately if the child fails to attend any scheduled 7-13 counseling session. 7-14 (f) If the commission specifies a polygraph examiner under 7-15 Subsection (d) to administer a polygraph examination to a child, 7-16 the commission shall arrange for a polygraph examination to be 7-17 administered to the child: 7-18 (1) not later than the 60th day after the date the 7-19 child attends the first counseling session established under 7-20 Subsection (e); and 7-21 (2) after the initial polygraph examination, as 7-22 required by Subdivision (1), on the request of the treatment 7-23 provider specified under Subsection (c). 7-24 (g) If the commission requires as a condition of release 7-25 that a child attend psychological counseling under Subsection (a), 8-1 the commission shall notify the court that committed the child to 8-2 the commission. After receiving notification from the commission 8-3 under this subsection, the court may order the parent or guardian 8-4 of the child to: 8-5 (1) attend four sessions of instruction with an 8-6 individual or organization specified by the commission relating to: 8-7 (A) sexual offenses; 8-8 (B) family communication skills; 8-9 (C) sex offender treatment; 8-10 (D) victims' rights; 8-11 (E) parental supervision; and 8-12 (F) appropriate sexual behavior; and 8-13 (2) during the time the child attends psychological 8-14 counseling, participate in monthly treatment groups conducted by 8-15 the child's treatment provider relating to the child's 8-16 psychological counseling. 8-17 (h) A court that orders a parent or guardian of a child to 8-18 attend instructional sessions and participate in treatment groups 8-19 under Subsection (g) shall require: 8-20 (1) the individual or organization specified by the 8-21 commission under Subsection (g) to notify the court immediately if 8-22 the parent or guardian fails to attend any scheduled instructional 8-23 session; and 8-24 (2) the child's treatment provider specified under 8-25 Subsection (c) to notify the court immediately if the parent or 9-1 guardian fails to attend a session in which the parent or guardian 9-2 is required to participate in a scheduled treatment group. 9-3 (i) If the commission requires as a condition of release 9-4 that a child attend psychological counseling under Subsection (a), 9-5 the commission may, before the date the period of release ends, 9-6 petition the appropriate court to request the court to extend the 9-7 period of release for an additional period necessary to complete 9-8 the required counseling as determined by the treatment provider, 9-9 except that the release period may not be extended to a date after 9-10 the date of the child's 18th birthday. 9-11 SECTION 4. Section 493.017, Government Code, as added by 9-12 Chapter 256, Acts of the 74th Legislature, 1995, is amended by 9-13 adding Subsections (c) and (d) to read as follows: 9-14 (c) A sex offender correction program that provides 9-15 counseling sessions for a child under Section 54.0405, Family Code, 9-16 shall report to the local juvenile probation department supervising 9-17 the child, not later than the 15th day of each month, the following 9-18 information about the child: 9-19 (1) the total number of counseling sessions attended 9-20 by the child during the preceding month; and 9-21 (2) if during the preceding month the child terminates 9-22 participation in the program before completing counseling, the 9-23 reason for the child's termination of counseling or that the reason 9-24 for the termination of counseling is unknown. 9-25 (d) A sex offender correction program that provides 10-1 counseling sessions for a child who is released under supervision 10-2 under Section 61.0813, Human Resources Code, shall report to the 10-3 Texas Youth Commission, not later than the 15th day of each month, 10-4 the following information about the child: 10-5 (1) the total number of counseling sessions attended 10-6 by the child during the preceding month; and 10-7 (2) if during the preceding month the child terminates 10-8 participation in the program before completing counseling, the 10-9 reason for the child's termination of counseling or that the reason 10-10 for the termination of counseling is unknown. 10-11 SECTION 5. A sex offender correction program shall make the 10-12 first monthly report required by Section 493.017, Government Code, 10-13 as added by Chapter 256, Acts of the 74th Legislature, 1995, and as 10-14 amended by this Act, not later than October 15, 1997. 10-15 SECTION 6. (a) The change in law made by this Act applies 10-16 only to conduct that occurs on or after the effective date of this 10-17 Act. Conduct violating a penal law of the state occurs on or after 10-18 the effective date of this Act if every element of the violation 10-19 occurs on or after that date. 10-20 (b) Conduct that occurs before the effective date of this 10-21 Act is covered by the law in effect at the time the conduct 10-22 occurred, and the former law is continued in effect for that 10-23 purpose. 10-24 SECTION 7. This Act takes effect September 1, 1997. 10-25 SECTION 8. The importance of this legislation and the 11-1 crowded condition of the calendars in both houses create an 11-2 emergency and an imperative public necessity that the 11-3 constitutional rule requiring bills to be read on three several 11-4 days in each house be suspended, and this rule is hereby suspended.