By Shapiro S.B. No. 1232 75R1540 DD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to conditions for probation, release under supervision, 1-3 and determinate sentence parole for a child adjudicated for 1-4 engaging in certain delinquent conduct. 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 A 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 shall require as a condition of 1-14 probation that the child attend psychological counseling sessions 1-15 for sex offenders. The counseling must be with an individual or 1-16 organization that: 1-17 (1) provides sex offender treatment or counseling; 1-18 (2) is specified by the local juvenile probation 1-19 department supervising the child; and 1-20 (3) meets minimum standards of counseling established 1-21 by the local juvenile probation department. 1-22 (b) This section applies to a child placed on probation for 1-23 conduct constituting an offense: 1-24 (1) under Section 21.08, 21.11, 22.011, or 25.02, 2-1 Penal Code; 2-2 (2) under Section 20.04(a)(4), Penal Code, if the 2-3 child engaged in the conduct with the intent to violate or abuse 2-4 the victim sexually; or 2-5 (3) under Section 30.02, Penal Code, punishable under 2-6 Subsection (d) of that section, if the child engaged in the conduct 2-7 with the intent to commit a felony listed in Subdivision (1) or (2) 2-8 of this subsection. 2-9 (c) A local juvenile probation department that specifies a 2-10 sex offender treatment provider under Subsection (a) to provide 2-11 counseling to a child shall: 2-12 (1) establish with the cooperation of the treatment 2-13 provider the date, time, and place of the first counseling session 2-14 between the child and the treatment provider; 2-15 (2) notify the child and the treatment provider, not 2-16 later than the 21st day after the date the order making the 2-17 disposition placing the child on probation under Section 54.04 2-18 becomes final, of the date, time, and place of the first counseling 2-19 session between the child and the treatment provider; and 2-20 (3) require the treatment provider to notify the 2-21 department immediately if the child fails to attend any scheduled 2-22 counseling session. 2-23 SECTION 2. Subchapter F, Chapter 61, Human Resources Code, 2-24 is amended by adding Section 61.0813 to read as follows: 2-25 Sec. 61.0813. SEX OFFENDER COUNSELING AND TREATMENT. (a) 2-26 Before releasing a child described by Subsection (b) under 2-27 supervision, the commission shall require as a condition of 3-1 release that the child attend psychological counseling sessions for 3-2 sex offenders. The counseling must be with an individual or 3-3 organization that: 3-4 (1) provides sex offender treatment or counseling; 3-5 (2) is specified by the commission; and 3-6 (3) meets minimum standards of counseling established 3-7 by the commission. 3-8 (b) This section applies to a child only if: 3-9 (1) the child has been adjudicated for engaging in 3-10 delinquent conduct constituting an offense: 3-11 (A) under Section 21.08, 21.11, 22.011, or 3-12 25.02, Penal Code; 3-13 (B) under Section 20.04(a)(4), Penal Code, if 3-14 the child engaged in the conduct with the intent to violate or 3-15 abuse the victim sexually; or 3-16 (C) under Section 30.02, Penal Code, punishable 3-17 under Subsection (d) of that section, if the child engaged in the 3-18 conduct with the intent to commit a felony listed in Paragraph (A) 3-19 or (B) of this subdivision; and 3-20 (2) the victim of the conduct described by Subdivision 3-21 (1) was a child as defined by Section 22.011(c), Penal Code. 3-22 (c) In addition to specifying a sex offender treatment 3-23 provider to provide counseling to a child described by Subsection 3-24 (b), the commission shall: 3-25 (1) establish with the cooperation of the treatment 3-26 provider the date, time, and place of the first counseling session 3-27 between the child and the treatment provider; 4-1 (2) notify the child and the treatment provider before 4-2 the release of the child of the date, time, and place of the first 4-3 counseling session between the child and the treatment provider; 4-4 and 4-5 (3) require the treatment provider to notify the 4-6 commission immediately if the child fails to attend any scheduled 4-7 counseling session. 4-8 SECTION 3. Section 29(b), Article 42.18, Code of Criminal 4-9 Procedure, is amended to read as follows: 4-10 (b) Before the release of the person on parole, a parole 4-11 panel shall review the person's records and may interview the 4-12 person or any other person the panel deems is necessary to 4-13 determine the conditions of parole. The panel may impose any 4-14 reasonable condition of parole on the person that the panel may 4-15 impose on an adult prisoner under this article. For a release 4-16 under this section, the parole panel shall apply the conditions 4-17 required for an adult offender under Sections 8(u)(1) and 4-18 8(u)(3)-(6) if the person eligible for release on parole was 4-19 adjudicated for conduct constituting an offense: 4-20 (1) under Section 21.08, 21.11, 22.011, or 25.02, 4-21 Penal Code; 4-22 (2) under Section 20.04(a)(4), Penal Code, if the 4-23 child engaged in the conduct with the intent to violate or abuse 4-24 the victim sexually; or 4-25 (3) under Section 30.02, Penal Code, punishable under 4-26 Subsection (d) of that section, if the child engaged in the conduct 4-27 with the intent to commit a felony listed in Subdivision (1) or (2) 5-1 of this subsection. 5-2 SECTION 4. Section 493.017, Government Code, as added by 5-3 Chapter 256, Acts of the 74th Legislature, Regular Session, 1995, 5-4 is amended by amending Subsection (b) and adding Subsections (c) 5-5 and (d) to read as follows: 5-6 (b) A sex offender correction program that provides 5-7 counseling sessions for a sex offender under Section 8(u) or 29(b), 5-8 Article 42.18, Code of Criminal Procedure, shall report to the 5-9 parole officer supervising the offender, not later than the 15th 5-10 day of each month, the following information about the offender: 5-11 (1) the total number of counseling sessions attended 5-12 by the sex offender during the preceding month; and 5-13 (2) if during the preceding month the sex offender 5-14 terminates participation in the program before completing 5-15 counseling, the reason for the sex offender's termination of 5-16 counseling or that the reason for the termination of counseling is 5-17 unknown. 5-18 (c) A sex offender correction program that provides 5-19 counseling sessions for a child under Section 54.0405, Family Code, 5-20 shall report to the local juvenile probation department supervising 5-21 the child, not later than the 15th day of each month, the following 5-22 information about the child: 5-23 (1) the total number of counseling sessions attended 5-24 by the child during the preceding month; and 5-25 (2) if during the preceding month the child terminates 5-26 participation in the program before completing counseling, the 5-27 reason for the child's termination of counseling or that the reason 6-1 for the termination of counseling is unknown. 6-2 (d) A sex offender correction program that provides 6-3 counseling sessions for a child who is released under supervision 6-4 under Section 61.0813, Human Resources Code, shall report to the 6-5 Texas Youth Commission, not later than the 15th day of each month, 6-6 the following information about the child: 6-7 (1) the total number of counseling sessions attended 6-8 by the child during the preceding month; and 6-9 (2) if during the preceding month the child terminates 6-10 participation in the program before completing counseling, the 6-11 reason for the child's termination of counseling or that the reason 6-12 for the termination of counseling is unknown. 6-13 SECTION 5. A sex offender correction program shall make the 6-14 first monthly report required by Section 493.017, Government Code, 6-15 as added by Chapter 256, Acts of the 74th Legislature, Regular 6-16 Session, 1995, and as amended by this Act, not later than October 6-17 15, 1997. 6-18 SECTION 6. (a) The change in law made by this Act applies 6-19 only to conduct that occurs on or after the effective date of this 6-20 Act. Conduct violating a penal law of the state occurs on or after 6-21 the effective date of this Act if every element of the violation 6-22 occurs on or after that date. 6-23 (b) Conduct that occurs before the effective date of this 6-24 Act is covered by the law in effect at the time the conduct 6-25 occurred, and the former law is continued in effect for that 6-26 purpose. 6-27 SECTION 7. This Act takes effect September 1, 1997. 7-1 SECTION 8. The importance of this legislation and the 7-2 crowded condition of the calendars in both houses create an 7-3 emergency and an imperative public necessity that the 7-4 constitutional rule requiring bills to be read on three several 7-5 days in each house be suspended, and this rule is hereby suspended.