1-1 By: Shapiro S.B. No. 1232 1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read 1-3 first time and referred to Committee on Criminal Justice; 1-4 April 30, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 6, Nays 0; April 30, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1232 By: Shapiro 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to conditions for probation and release under supervision 1-11 for a child adjudicated for engaging in certain delinquent conduct 1-12 and to certain instruction and treatment for the parent or guardian 1-13 of the child. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Chapter 54, Family Code, is amended by adding 1-16 Section 54.0405 to read as follows: 1-17 Sec. 54.0405. CHILD PLACED ON PROBATION FOR CONDUCT 1-18 CONSTITUTING SEXUAL OFFENSE. (a) If a court or jury makes a 1-19 disposition under Section 54.04 in which a child described by 1-20 Subsection (b) is placed on probation and the court determines that 1-21 the victim of the offense was a child as defined by Section 1-22 22.011(c), Penal Code, the court may require as a condition of 1-23 probation that the child: 1-24 (1) attend psychological counseling sessions for sex 1-25 offenders as provided by Subsection (e); and 1-26 (2) submit to a polygraph examination as provided by 1-27 Subsection (f) for purposes of evaluating the child's treatment 1-28 progress. 1-29 (b) This section applies to a child placed on probation for 1-30 conduct constituting an offense: 1-31 (1) under Section 21.08, 21.11, 22.011, 22.021, or 1-32 25.02, Penal Code; 1-33 (2) under Section 20.04(a)(4), Penal Code, if the 1-34 child engaged in the conduct with the intent to violate or abuse 1-35 the victim sexually; or 1-36 (3) under Section 30.02, Penal Code, punishable under 1-37 Subsection (d) of that section, if the child engaged in the conduct 1-38 with the intent to commit a felony listed in Subdivision (1) or (2) 1-39 of this subsection. 1-40 (c) Psychological counseling required as a condition of 1-41 probation under Subsection (a) must be with an individual or 1-42 organization that: 1-43 (1) provides sex offender treatment or counseling; 1-44 (2) is specified by the local juvenile probation 1-45 department supervising the child; and 1-46 (3) meets minimum standards of counseling established 1-47 by the local juvenile probation department. 1-48 (d) A polygraph examination required as a condition of 1-49 probation under Subsection (a) must be administered by an 1-50 individual who is: 1-51 (1) specified by the local juvenile probation 1-52 department supervising the child; and 1-53 (2) licensed as a polygraph examiner under the 1-54 Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil 1-55 Statutes). 1-56 (e) A local juvenile probation department that specifies a 1-57 sex offender treatment provider under Subsection (c) to provide 1-58 counseling to a child shall: 1-59 (1) establish with the cooperation of the treatment 1-60 provider the date, time, and place of the first counseling session 1-61 between the child and the treatment provider; 1-62 (2) notify the child and the treatment provider, not 1-63 later than the 21st day after the date the order making the 1-64 disposition placing the child on probation under Section 54.04 2-1 becomes final, of the date, time, and place of the first counseling 2-2 session between the child and the treatment provider; and 2-3 (3) require the treatment provider to notify the 2-4 department immediately if the child fails to attend any scheduled 2-5 counseling session. 2-6 (f) A local juvenile probation department that specifies a 2-7 polygraph examiner under Subsection (d) to administer a polygraph 2-8 examination to a child shall arrange for a polygraph examination to 2-9 be administered to the child: 2-10 (1) not later than the 60th day after the date the 2-11 child attends the first counseling session established under 2-12 Subsection (e); and 2-13 (2) after the initial polygraph examination, as 2-14 required by Subdivision (1), on the request of the treatment 2-15 provider specified under Subsection (c). 2-16 (g) A court that requires as a condition of probation that a 2-17 child attend psychological counseling under Subsection (a) may 2-18 order the parent or guardian of the child to: 2-19 (1) attend four sessions of instruction with an 2-20 individual or organization specified by the court relating to: 2-21 (A) sexual offenses; 2-22 (B) family communication skills; 2-23 (C) sex offender treatment; 2-24 (D) victims' rights; 2-25 (E) parental supervision; and 2-26 (F) appropriate sexual behavior; and 2-27 (2) during the period the child attends psychological 2-28 counseling, participate in monthly treatment groups conducted by 2-29 the child's treatment provider relating to the child's 2-30 psychological counseling. 2-31 (h) A court that orders a parent or guardian of a child to 2-32 attend instructional sessions and participate in treatment groups 2-33 under Subsection (g) shall require: 2-34 (1) the individual or organization specified by the 2-35 court under Subsection (g) to notify the court immediately if the 2-36 parent or guardian fails to attend any scheduled instructional 2-37 session; and 2-38 (2) the child's treatment provider specified under 2-39 Subsection (c) to notify the court immediately if the parent or 2-40 guardian fails to attend a session in which the parent or guardian 2-41 is required to participate in a scheduled treatment group. 2-42 (i) A court that requires as a condition of probation that a 2-43 child attend psychological counseling under Subsection (a) may, 2-44 before the date the probation period ends, extend the probation for 2-45 any additional period necessary to complete the required counseling 2-46 as determined by the treatment provider, except that the probation 2-47 may not be extended to a date after the date of the child's 18th 2-48 birthday. 2-49 SECTION 2. Section 54.04, Family Code, is amended by adding 2-50 Subsection (p) to read as follows: 2-51 (p) Except as provided by Subsection (l), a court that 2-52 places a child on probation under Subsection (d)(1) for conduct 2-53 described by Section 54.0405(b) and punishable as a felony shall 2-54 specify a minimum probation period of two years. 2-55 SECTION 3. Subchapter F, Chapter 61, Human Resources Code, 2-56 is amended by adding Section 61.0813 to read as follows: 2-57 Sec. 61.0813. SEX OFFENDER COUNSELING AND TREATMENT. 2-58 (a) Before releasing a child described by Subsection (b) under 2-59 supervision, the commission may require as a condition of release 2-60 that the child: 2-61 (1) attend psychological counseling sessions for sex 2-62 offenders as provided by Subsection (e); and 2-63 (2) submit to a polygraph examination as provided by 2-64 Subsection (f) for purposes of evaluating the child's treatment 2-65 progress. 2-66 (b) This section applies to a child only if: 2-67 (1) the child has been adjudicated for engaging in 2-68 delinquent conduct constituting an offense: 2-69 (A) under Section 21.08, 21.11, 22.011, 22.021, 3-1 or 25.02, Penal Code; 3-2 (B) under Section 20.04(a)(4), Penal Code, if 3-3 the child engaged in the conduct with the intent to violate or 3-4 abuse the victim sexually; or 3-5 (C) under Section 30.02, Penal Code, punishable 3-6 under Subsection (d) of that section, if the child engaged in the 3-7 conduct with the intent to commit a felony listed in Paragraph (A) 3-8 or (B) of this subdivision; and 3-9 (2) the victim of the conduct described by Subdivision 3-10 (1) was a child as defined by Section 22.011(c), Penal Code. 3-11 (c) Psychological counseling required as a condition of 3-12 release under Subsection (a) must be with an individual or 3-13 organization that: 3-14 (1) provides sex offender treatment or counseling; 3-15 (2) is specified by the commission; and 3-16 (3) meets minimum standards of counseling established 3-17 by the commission. 3-18 (d) A polygraph examination required as a condition of 3-19 release under Subsection (a) must be administered by an individual 3-20 who is: 3-21 (1) specified by the commission; and 3-22 (2) licensed as a polygraph examiner under the 3-23 Polygraph Examiners Act (Article 4413(29cc), Vernon's Texas Civil 3-24 Statutes). 3-25 (e) In addition to specifying a sex offender treatment 3-26 provider to provide counseling to a child described by Subsection 3-27 (b), the commission shall: 3-28 (1) establish with the cooperation of the treatment 3-29 provider the date, time, and place of the first counseling session 3-30 between the child and the treatment provider; 3-31 (2) notify the child and the treatment provider before 3-32 the release of the child of the date, time, and place of the first 3-33 counseling session between the child and the treatment provider; 3-34 and 3-35 (3) require the treatment provider to notify the 3-36 commission immediately if the child fails to attend any scheduled 3-37 counseling session. 3-38 (f) If the commission specifies a polygraph examiner under 3-39 Subsection (d) to administer a polygraph examination to a child, 3-40 the commission shall arrange for a polygraph examination to be 3-41 administered to the child: 3-42 (1) not later than the 60th day after the date the 3-43 child attends the first counseling session established under 3-44 Subsection (e); and 3-45 (2) after the initial polygraph examination, as 3-46 required by Subdivision (1), on the request of the treatment 3-47 provider specified under Subsection (c). 3-48 (g) If the commission requires as a condition of release 3-49 that a child attend psychological counseling under Subsection (a), 3-50 the commission shall notify the court that committed the child to 3-51 the commission. After receiving notification from the commission 3-52 under this subsection, the court may order the parent or guardian 3-53 of the child to: 3-54 (1) attend four sessions of instruction with an 3-55 individual or organization specified by the commission relating to: 3-56 (A) sexual offenses; 3-57 (B) family communication skills; 3-58 (C) sex offender treatment; 3-59 (D) victims' rights; 3-60 (E) parental supervision; and 3-61 (F) appropriate sexual behavior; and 3-62 (2) during the time the child attends psychological 3-63 counseling, participate in monthly treatment groups conducted by 3-64 the child's treatment provider relating to the child's 3-65 psychological counseling. 3-66 (h) A court that orders a parent or guardian of a child to 3-67 attend instructional sessions and participate in treatment groups 3-68 under Subsection (g) shall require: 3-69 (1) the individual or organization specified by the 4-1 commission under Subsection (g) to notify the court immediately if 4-2 the parent or guardian fails to attend any scheduled instructional 4-3 session; and 4-4 (2) the child's treatment provider specified under 4-5 Subsection (c) to notify the court immediately if the parent or 4-6 guardian fails to attend a session in which the parent or guardian 4-7 is required to participate in a scheduled treatment group. 4-8 (i) If the commission requires as a condition of release 4-9 that a child attend psychological counseling under Subsection (a), 4-10 the commission may, before the date the period of release ends, 4-11 petition the appropriate court to request the court to extend the 4-12 period of release for an additional period necessary to complete 4-13 the required counseling as determined by the treatment provider, 4-14 except that the release period may not be extended to a date after 4-15 the date of the child's 18th birthday. 4-16 SECTION 4. Section 493.017, Government Code, as added by 4-17 Chapter 256, Acts of the 74th Legislature, Regular Session, 1995, 4-18 is amended by adding Subsections (c) and (d) to read as follows: 4-19 (c) A sex offender correction program that provides 4-20 counseling sessions for a child under Section 54.0405, Family Code, 4-21 shall report to the local juvenile probation department supervising 4-22 the child, not later than the 15th day of each month, the following 4-23 information about the child: 4-24 (1) the total number of counseling sessions attended 4-25 by the child during the preceding month; and 4-26 (2) if during the preceding month the child terminates 4-27 participation in the program before completing counseling, the 4-28 reason for the child's termination of counseling or that the reason 4-29 for the termination of counseling is unknown. 4-30 (d) A sex offender correction program that provides 4-31 counseling sessions for a child who is released under supervision 4-32 under Section 61.0813, Human Resources Code, shall report to the 4-33 Texas Youth Commission, not later than the 15th day of each month, 4-34 the following information about the child: 4-35 (1) the total number of counseling sessions attended 4-36 by the child during the preceding month; and 4-37 (2) if during the preceding month the child terminates 4-38 participation in the program before completing counseling, the 4-39 reason for the child's termination of counseling or that the reason 4-40 for the termination of counseling is unknown. 4-41 SECTION 5. A sex offender correction program shall make the 4-42 first monthly report required by Section 493.017, Government Code, 4-43 as added by Chapter 256, Acts of the 74th Legislature, 1995, and as 4-44 amended by this Act, not later than October 15, 1997. 4-45 SECTION 6. (a) The change in law made by this Act applies 4-46 only to conduct that occurs on or after the effective date of this 4-47 Act. Conduct violating a penal law of the state occurs on or after 4-48 the effective date of this Act if every element of the violation 4-49 occurs on or after that date. 4-50 (b) Conduct that occurs before the effective date of this 4-51 Act is covered by the law in effect at the time the conduct 4-52 occurred, and the former law is continued in effect for that 4-53 purpose. 4-54 SECTION 7. This Act takes effect September 1, 1997. 4-55 SECTION 8. The importance of this legislation and the 4-56 crowded condition of the calendars in both houses create an 4-57 emergency and an imperative public necessity that the 4-58 constitutional rule requiring bills to be read on three several 4-59 days in each house be suspended, and this rule is hereby suspended. 4-60 * * * * *