SRC-SLL, SLL, DPW S.B. 365 76(R)BILL ANALYSIS
Senate Research CenterS.B. 365
By: Brown
Criminal Justice
8/16/1999
Enrolled
DIGEST
Currently, the Texas Department of Criminal Justice (department) is subject
to the Sunset Act and will be abolished on September 1, 1999 unless
continued by the legislature. The Board of Pardons and Paroles is subject
to review by the Sunset Advisory Commission in the same time frame as the
department. As a result of its review of the department, the Sunset
Advisory Commission recommended continuation and several statutory
modifications. This bill continues the department for a 12-year period,
makes statutory modifications recommended by the Sunset Advisory
Commission, and sets forth provisions regarding the civil commitment of
sexually violent predators.
PURPOSE
As enrolled, S.B. 365 authorizes the continuation and the functions of the
Texas Department of Criminal Justice, the administration of the Private
Sector Prison Industries Oversight Authority, and the administration of the
Texas Council on Offenders with Mental Impairments, and sets forth
provisions regarding the civil commitment of sexually violent predators.
RULEMAKING AUTHORITY
Rulemaking authority is granted to Texas Board of Criminal Justice and the
Board of Pardons and Paroles Policy Board in SECTIONS 1.07 and 1.36
(Sections 492.0131 and 497.099(b), Government Code) and to the Private
Sector Prison Industries Oversight Authority in SECTIONS 1.15, 1.29, 2.02
and 3.05 (Sections 497.004, 497.0525, 497.0526, and 497.059(b), Government
Code, and Section 614.0101, Health and Safety Code), and to the Interagency
Council on Sex Offender Treatment in SECTION 4.01 (Section 841.141, Health
and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
ARTICLE 1
SECTION 1.01. Amends Section 492.003, Government Code, to define a "Texas
trade association." Provides that an officer, employee, paid consultant, or
spouse of previously mentioned, of a Texas trade association in the field
of criminal justice may not be a Texas Department of Criminal Justice
(department) employee in a "bona fide executive, administrative, or
professional capacity." Provides that a person registered as a lobbyist
under Chapter 305 may not serve as a member or counsel to the Texas Board
of Criminal Justice (board) or the department. Requires appointments to be
made without regard to disability, rather than handicap. Provides that a
ground for removal exists if at the time of taking office, rather than
appointment, a person does not meet the required qualifications or is
ineligible under Subsection (c) or (d). Sets forth procedures for the
notification of potential grounds for removal. Deletes a provision
regarding ineligibility criteria for board membership. Makes conforming
changes.
SECTION 1.02. Amends Chapter 492, Government Code, by adding Section
492.0031, as follows.
Sec. 492.0031. TRAINING PROGRAM FOR MEMBERS. Provides that an appointed
person may not participate as a member in attendance until a training
program compliant with this section is completed. Requires the training
program to include certain information. Entitles a person to reimbursement
for travel expenses incurred in attending the training program.
SECTION 1.03. Amends Section 492.004, Government Code, to require the
executive director, rather than the board, to provide the board and agency
employees with information regarding office or employment requirements and
standards of conduct for state employees. Deletes a provision regarding
qualifications for office. Makes conforming changes.
SECTION 1.04. Amends Section 492.006, Government Code, to require the board
to allow the presiding officer of the Board of Pardons and Paroles to
present any item relating to the operation of the parole system, and the
chairman of the judicial advisory council to present any item relating to
the operation of the community justice system. Deletes a provision
requiring the chairman to provide meeting notification to the chairman of
the Legislative Criminal Justice Board.
SECTION 1.05. Amends Section 492.012, Government Code, to set forth the
continuation and functions of the Texas Board of Criminal Justice and the
Texas Department of Criminal Justice and makes statutory modifications
recommended by the Sunset Advisory Commission. Provides that the board and
department are to be abolished September 1, 2011, rather than 1999, unless
provided by Chapter 325 (Texas Sunset Act).
SECTION 1.06. Amends Section 492.013, Government Code, to require the board
to clearly separate the policymaking, rather than define the respective,
responsibilities of the board and the management responsibilities of the
executive director and the staff of the department. Deletes a provision
requiring the board to provide certain information to employees. Makes
conforming changes.
SECTION 1.07. Amends Chapter 492, Government Code, by adding Section
492.0131, as follows:
Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. Requires the board and
the Board of Pardons and Paroles Policy Board (policy board) to review
rules, policies, and procedures related to the operation of the parole
process. Requires the board and the policy board to identify areas of
inconsistency between the department and the Board of Pardons and Paroles
and to amend rules or policies for consistent operation.
SECTION 1.08. Amends Section 493.001, Government Code, to set forth the
mission of the department.
SECTION 1.09. Amends Chapter 493, Government Code, by adding Section
493.0021, as follows:
Sec. 493.0021. ORGANIZATIONAL FLEXIBILITY. Authorizes the executive
director with the approval of the board, to create, eliminate, or reassign
duties of, divisions listed under Section 493.002 or created under this
section, notwithstanding certain sections. Authorizes the executive
director to reorganize the distribution of power granted to a division with
the consideration of comments from the judicial advisory council.
SECTION 1.10. Amends Section 493.007, Government Code, to require the
executive director's designee to maintain a written policy statement that
implements a program of equal employment opportunity to ensure that all
decisions, rather than transactions, are made without regard to disability.
Requires the policy statement to include personnel policies related to
selection, rather than appointment, of personnel, promotion of personnel
that demonstrates the department's intent to avoid unlawful employment
practices described by Chapter 21, Labor Code, analysis of personnel
composition, and reasonable methods to comply with state and federal law.
Requires a policy statement to be reviewed by the state Commission on Human
Rights. Deletes a provision requiring division directors to hire for the
division. Deletes a provision including the determination of
underutilization of certain employees in the policy statement. Deletes a
provision in the policy statement regarding significant utilization.
Deletes a provision requiring a biennial report from the governor's office
on information received from this section.
SECTION 1.11. Amends Section 493.016, Government Code, to add standard
language developed by the Sunset Advisory Commission regarding information
of public interest and complaints. Requires the department to provide a
written copy of the department policies and procedures to all department
employees and each person filing a complaint. Makes conforming changes.
SECTION 1.12. Amends Chapter 493, Government Code, by adding Section
493.023, as follows:
Sec. 493.023. CHARITABLE FUND-RAISING. Authorizes a department employee
to participate in fund-raising activities conducted on department property
on the employee's own time for the benefit of an eligible charitable
organization. Requires the department to adopt policies under this section
which address certain issues. Provides that funds collected under this
section are not subject to Section 404.094. Provides that this section
does not affect the department's participation in the state employees
charitable campaign under Chapter 659H.
SECTION 1.13. Amends Section 495.007, Government Code, to prohibit the
board from entering into contracts under this subchapter for more than
4,580, rather than 4,000, beds.
SECTION 1.14. Amends Section 497.001(b)(2), Government Code, to redefine
"articles and products."
SECTION 1.15. Amends Section 497.001(b), Government Code, by adding
Subdivision (3), to define "work program participant."
SECTION 1.16. Amends Section 497.002(a), Government Code, to provide that
the purposes of the Texas Correctional Industries (office) are to provide
work program participants with marketable job skills and reduce department
costs by providing products and articles for the department or for sale on
a for-profit basis to the public. Deletes certain provisions regarding the
purposes of the office.
SECTION 1.17. Amends Section 497.003(c), Government Code, to make a
conforming change.
SECTION 1.18. Amends Section 497.004, Government Code, to authorize the
board to develop, by rule, and the department to administer by an incentive
pay scale for work program participants consistent with rules adopted by
the Private Sector Prison Industries Oversight Authority (PSPIOA), rather
than inmates who participate in prison industries. Requires the department
to apportion pay earned by a work program participant as required by the
PSPIOA under Section 497.0581, rather than Section 497.051. Requires the
department to consider each participant's classification and availability
to work in assigning positions in factories, rather than prison factories.
Requires the department to give priority to participants closest to release
in assigning training, rather than inmate's needs and projected release
date. Deletes a provision regarding inmate labor use in prison industries.
Makes conforming changes.
SECTION 1.19. Amends Section 497.005, Government Code, as follows:
Sec. 497.005. New heading: INDUSTRIAL RECEIPTS. Authorizes the office to
use appropriated money in amounts corresponding to receipts from the sale
of articles and products, rather than in the industrial revolving account.
SECTION 1.20. Amends Section 497.006, Government Code, to require the
department to count the number of participants participating in private
sector prison industries, rather than inmates employed in conditional work.
Provides that no more than 500 work program participants, rather than 250
inmates, may participate.
SECTION 1.21. Amends Section 497.007, Government Code, to make a conforming
and nonsubstantive change.
SECTION 1.22. Amends Section 497.009, Government Code, to make conforming
changes.
SECTION 1.23. Amends Section 497.025(a), Government Code, to require the
General Services Commission (GSC) and the department to enter into an
agreement to expedite the process by which agencies are required to
requisition purchases of articles or products through GSC.
SECTION 1.24. Amends Section 497.051(b), Government Code, to define
"authority" and "participant."
SECTION 1.25. (a) Amends Section 497.052, Government Code, by amending
Subsection (a) and adding Subsection (c), to provide that the Private
Sector Prison Industries Oversight Authority (authority) is composed of
four members, rather than three, who are public members. Requires the
governor to appoint as an employer liaison to the authority one person who
is an employer in the private sector prison industries program who has
certain qualifications. Provides that the employer liaison is entitled to
attend meetings of the authority and offer advice to the authority from the
perspective of a prison industries employer. Provides that the employer
liaison serves at the pleasure of the governor, is not entitled to vote on
any issue considered by the authority, and is entitled to reimbursement for
travel expenses. Deletes a requirement that one member of the authority be
an employer in the private sector prison industries program.
(b) Requires the governor to appoint a new public member to the authority
on or before January 1, 2000. Sets forth provisions regarding the terms of
the member of the authority serving as an employer in the private sector
prison industries program and the new public member.
SECTION 1.26. Amends Section 497.056(b), Government Code, to authorize the
legislature to appropriate funds from the private sector prison industries
oversight account to pay the costs to the department, including paying the
reimbursable expenses of authority members under Section 497.055 and the
employer liaison as provided by Section 497.052(c).
SECTION 1.27. Amends Section 497.058(a), Government Code, to require
PSPIOA, by rule, to ensure participants of the program are paid a certain
wage. Sets forth rules for the computations required by this section.
SECTION 1.28. Amends Section 497.0581, Government Code, as follows:
Sec. 497.0581. New heading: PARTICIPANT CONTRIBUTIONS. Makes conforming
changes.
SECTION 1.29. Amends Section 497.059, Government Code, to require the
authority to adopt rules to determine whether a program would cause the
loss of existing jobs provided by the employer in this state.
SECTION 1.30. Amends Section 497.060, Government Code, to make a conforming
change.
SECTION 1.31. Amends Section 497.061, Government Code, to make a conforming
change.
SECTION 1.32. Amends Section 497.062, Government Code, as follows:
Sec. 497.062. New heading: LIMITATION ON NUMBER OF PARTICIPANTS. Provides
that the PSPIOA may not permit more than 2,000 individuals to be
participants of, rather than 1,500 inmates to participate in, the program
at one time.
SECTION 1.33. Amends Section 497.091(d), Government Code, to require the
department to make reasonable efforts to contract with nonprofit
organizations to provider certain services. Provides that, in entering
contracts under this subsection, the department should give preference to
nonprofit organizations that will use the inmate labor in a manner that
increases the inmates' vocational skills.
SECTION 1.34. Amends Section 497.094(a), Government Code, to require the
department to implement a job training program for each job performed by an
inmate confined in a facility under contract with the department or a
defendant or releasee housed in a facility operated under contract with the
department. Requires the department to keep a permanent record describing
the types of job training provided, which is required to be released to the
inmate, defendant, or releasee upon release.
SECTION 1.35. Amends Section 497.095, Government Code, to require the
department, rather than institutional division, to establish a permanent
record for inmates confined, and for each defendant or releasee housed, in
facilities operated under contract with the department, rather than in the
division, who participate in a department work, rather than an on-the-job
training program, rather than the division. Requires the record to contain
types of work performed by the inmate, defendant, or releasee during the
times of supervision and evaluations of performance of and proficiency at
assigned tasks. Requires the department, rather than the division, to
provide the releasee a copy of the record, created under this section, upon
release. Makes a conforming and nonsubstantive change.
SECTION 1.36. Amends Chapter 497E, Government Code, by adding Section
497.099, as follows:
Sec. 497.099. PARTICIPATION IN WORK PROGRAM REQUIRED. Requires the
department to require each mentally and physically capable inmate,
defendant, or releasee housed in a facility operated by the department to
work in a work program. Authorizes the department to waive the work
requirement to maintain security or permit the inmate, defendant, or
releasee to participate in rehabilitative programming. Authorizes the
board to develop, by rule, and to administer an incentive pay scale program
for inmates required to work in certain programs. Sets forth provisions
for developing the program. Provides that this subsection does not apply
to the compensation of an inmate participating in a Texas Correctional
Industries program under Subchapter A or an inmate participating in a
private sector prison industries program under Subchapter C.
SECTION 1.37. Amends Section 498.003(a), Government Code, to authorize the
department to grant good conduct time to an inmate in a treatment program,
unless the inmate is not capable of participating in such a program.
SECTION 1.38. (a) Amends Chapter 501A, Government Code, by adding Section
501.0081, as follows:
Sec. 501.0081. DISPUTE RESOLUTION: TIME-SERVED CREDITS. Requires the
department to develop a system that allows resolution of a complaint by an
inmate who alleges that time credited on the inmate's sentence is in error
and does not accurately reflect the amount of time-served credit to which
the inmate is entitled. Prohibits an inmate from raising as a claim, in an
application for a writ of habeas corpus, a time-served credit error until
certain conditions are met. Provides that Subsection (b) does not apply to
an inmate who, according the department's computations, is within 180 days
of the inmate's presumptive parole date, date of release on mandatory
supervision, or date of discharge. Authorizes an inmate described by this
subsection to raise a claim of time-served credit error by filing a
complaint under the system described by Subsection (a) or, if an
application for a writ of habeas corpus is not otherwise barred, by raising
the claim in that application.
(b) Makes application of this section prospective.
SECTION 1.39. Amends Section 509.011, Government Code, by adding
Subsections (g) and (h), to authorize the department to reduce a
department's per capita and formula funding to ensure a department's
reserves do not exceed two months' basic operating cost. Authorizes the
department to adopt policies permitting a department to maintain reserves
in amounts greater than otherwise permitted in this subsection to cover
certain costs. Authorizes the department to distribute unallocated funds
to individual departments to further the purposes of this chapter.
Authorizes a community supervision and corrections department to transfer
to the department any unencumbered state funds held by the department.
Authorizes the department to distribute funds received from a community
supervision and corrections department to further the purposes of this
chapter.
SECTION 1.40. Amends Chapter 509, Government Code, by adding Section
509.015, as follows:
Sec. 509.015. FEASIBILITY STUDY: COMMUNITY JUSTICE PLANS. Requires the
community justice assistance division (division) to conduct a study to
determine whether the documentation a community justice council is required
to provide to the division as a part of the submission of a community
justice plan is excessive or redundant and shall suggest a streamlined
process to reduce duplication of efforts on the part of the council.
Requires the division to provide a copy of the study and the suggestions
for a streamlined process to certain persons.
SECTION 1.41. Amends Section 2251.001(8), Government Code, to redefine
"vendor."
SECTION 1.42. Amends Section 8(a), Article 42.09, Code of Criminal
Procedure, to require a county transferring a defendant to the department
to deliver a copy of a presentence or postsentence investigation report, if
prepared.
SECTION 1.43. Amends Section 9(k), Article 42.12, Code of Criminal
Procedure, to authorize a court to order a peace officer (officer) to
prepare a postsentence report. Provides that on the condition a
postsentence report is ordered, the officer is required to send the report
to the clerk of the court who is to follow procedures described, rather
than required, by Section 8(a), Article 42.09.
SECTION 1.44. Amends Section 14, Article 42.12, Code of Criminal Procedure,
by amending Subsection (c) and adding Subsection (e), to require a
defendant to participate in a drug or alcohol abuse continuum of care
treatment plan and pay a fee in a certain amount. Requires the clerk of a
court that collects a fee imposed under Subsection (c)(2) to remit the fee
to the comptroller, and requires the comptroller to deposit the fee into
the general revenue fund. Requires a judge to consider fines, fees, and
other necessary expenses for which the defendant is obligated in
establishing the amount of the fee. Prohibits a judge from performing
certain actions regarding the fee.
SECTION 1.45. Amends Section 501.024, Labor Code, to provide that a
prisoner or inmate of a prison or correctional institution, other than a
work program participant participating in a Texas Correction Industries
contract, is excluded from coverage as an employee under this chapter.
SECTION 1.46. Amends Section 171.651(2), Tax Code, to define "work program
participant." Deletes the definition of "inmate."
SECTION 1.47. Amends Section 171.653, Tax Code, as follows:
Sec. 171.653. New heading: CREDIT FOR WAGES PAID TO WORK PROGRAM
PARTICIPANT. Deletes a provision regarding the applicability of Section
497.004(b)(3), Government Code. Makes conforming changes.
SECTION 1.48. Amends Section 171.654, Tax Code, as follows:
Sec. 171.654. New heading: CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS WORK
PROGRAM PARTICIPANT. Authorizes a corporation to claim credit for wages
paid for an employee employed for more than one year after release from
supervision. Makes conforming changes.
SECTION 1.49. Amends the heading of Chapter 171L, Tax Code, as follows:
SUBCHAPTER L. TAX CREDIT FOR WAGES PAID TO TEXAS DEPARTMENT OF CRIMINAL
JUSTICE WORK PROGRAM PARTICIPANTS OR FORMER PARTICIPANTS
SECTION 1.50. Repealer: Section 497.090, Government Code (Membership).
SECTION 1.51. Amends Section 19.005(a), Education Code, to authorize the
Windham School District to offer programs or services under this chapter
paid for with money from the foundation school fund to persons confined or
imprisoned in the department who are high school graduates, to the extent
space is available.
ARTICLE 2
SECTION 2.01. Amends Section 497.052, Government Code, by adding
Subsections (c) and (d), to prohibit certain persons from being public
members of PSPIOA. Requires appointments to PSPIOA to be made without
regard to race, color, disability, sex, religion, age or national origin.
SECTION 2.02. Amends Chapter 497C, Government Code, by adding Sections
497.0521 497.0527, as follows:
Sec. 497.0521. CONFLICTS OF INTEREST. Defines "Texas trade association."
Prohibits certain persons from being a member of PSPIOA and being a PSPIOA
employee in a "bona fide executive, administrative, or professional
capacity." Prohibits registered lobbyists from being members or general
counsel of PSPIOA.
Sec. 497.0522. REMOVAL PROVISIONS. Sets forth grounds for removal of
members. Provides that the validity of an action of PSPIOA is not affected
by the fact that a ground for removal of a member exists. Sets forth
procedures for notifying the governor and attorney general of an existence
of a ground for removal of a member of PSPIOA.
Sec. 497.0523. INFORMATION: REQUIREMENTS FOR OFFICE OR EMPLOYMENT.
Requires the executive director to provide to PSPIOA members and employees
information regarding requirements for office and employment.
Sec. 497.0524. TRAINING PROGRAM. Prohibits PSPIOA members from performing
duties until the completion of a training program which is required to
provide certain information. Entitles a person appointed to PSPIOA to
travel expenses incurred in attending the training program.
Sec. 497.0525. POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. Requires
PSPIOA to develop and implement policies that separate the policymaking
responsibilities of PSPIOA and the management responsibilities of PSPIOA
staff.
Sec. 497.0526. PUBLIC ACCESS. Requires PSPIOA to develop and implement
policies that allow for public comment on issues under PSPIOA jurisdiction.
Sec. 497.0527. COMPLAINTS. Requires PSPIOA to maintain a file, which must
include certain information, on each written complaint filed with PSPIOA.
Requires PSPIOA to provide affected parties a copy of PSPIOA policies and
procedures relating to complaint investigation and resolution. Requires
PSPIOA to notify affected parties of the status of an investigation unless
such notice would jeopardize an undercover investigation.
ARTICLE 3
SECTION 3.01. Amends Section 614.002, Health and Safety Code, to provide
that the Texas Council on Offenders with Mental Impairments (TCOMI) is
composed of 30, rather than 29, members. Prohibits certain persons from
being at-large members of TCOMI. Prohibits a registered lobbyist from
membership into TCOMI. Requires appointments to TCOMI to be made without
regard to race, color, disability, sex, religion, age, or national origin.
Sets forth grounds for removal of at-large members. Provides that the
validity of an action of TCOMI is not affected by the fact that a ground
for removal of a member of TCOMI exists. Sets forth procedures for the
notification of the governor and attorney general of the existence of a
ground for removal. Deletes text regarding grounds for removal. Makes
conforming changes.
SECTION 3.02. Amends Chapter 614, Health and Safety Code, by adding
Sections 614.003 and 614.0031, as follows:
Sec. 614.003. INFORMATION: REQUIREMENTS FOR OFFICE OR EMPLOYMENT. Requires
the executive director of the department to inform TCOMI members and
employees of requirements for office or employment.
Sec. 614.0031. TRAINING PROGRAM. Prohibits a TCOMI member from performing
duties before the completion of a training program that is required to
include certain information. Entitles a person appointed to TCOMI to
reimbursement of travel expenses incurred in attending the training
program.
SECTION 3.03. Amends Section 614.005(a), Health and Safety Code, to require
the governor to appoint a TCOMI member as presiding officer.
SECTION 3.04. Amends Section 614.007, Health and Safety Code, to require
TCOMI to develop and implement policies that separate the policymaking
responsibilities of TCOMI and the management responsibilities of TCOMI
staff. Makes a conforming change.
SECTION 3.05. Amends Chapter 614, Health and Safety Code, by adding
Sections 614.010, 614.0101, and 614.0102, as follows:
Sec. 614.010. PERSONNEL. Requires the executive director of the department
to prepare and maintain a written equal employment opportunity policy,
which must include certain information and be updated annually, reviewed by
the State Commission on Human Rights, and filed with the governor's office.
Sec. 614.0101. PUBLIC ACCESS. Requires TCOMI to develop and implement
policies that allow for public comment on issues under TCOMI's
jurisdiction.
Sec. 614.0102. COMPLAINTS. Requires TCOMI to maintain a file, which must
include certain information, on each written complaint filed with TCOMI.
Requires TCOMI to provide affected parties with a copy of TCOMI policies
and procedures relating to complaint investigation and resolution.
Requires TCOMI to notify affected persons of the status of an investigation
unless the notice would jeopardize an undercover investigation.
SECTION 3.06. Amends Section 614.017, Health and Safety Code, to authorize
an agency to disclose certain information. Redefines "agency" and a
"special needs offender."
SECTION 3.07. Amends Chapter 614, Health and Safety Code, by adding
Section 614.018, as follows:
Sec. 614.018. USE OF COUNTY JAIL FACILITIES. Requires the Texas Council
on Offenders with Mental Impairments (council) to conduct a study on
strategies for reducing the use of county jails to provide mental health
treatment to persons with mental illness. Sets forth items that must be
examined in the study. Requires the council to file a copy of the study, a
synopsis of the results of the study, and the council's recommendations
with the legislature not later than February 1, 2001. Provides that this
section expires March 1, 2001.
ARTICLE 4
SECTION 4.01. Amends the Health and Safety Code by adding Title 11, as
follows:
TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 841.001. LEGISLATIVE FINDINGS. Sets forth the findings of the
legislature.
Sec. 841.002. DEFINITIONS. Defines "attorney representing the state,"
"behavioral abnormality," "case manager," "council," "predatory act,"
"repeat sexually violent offender," "secure correctional facility,"
"sexually violent offense," "sexually violent predator," and "tracking
service."
Sec. 841.003. SEXUALLY VIOLENT PREDATOR. Provides that a sexually violent
predator is a repeat sexually violent offender who suffers from a
behavioral abnormality that makes the person more likely to engage in a
predatory act of violence if the person is not confined in the special
commitment center. Sets forth conditions under which a person is
considered a repeat sexually violent offender.
Sec. 841.004. PRISON PROSECUTION UNIT. Provides that a special division
of the prison prosecution unit is responsible for initiating and pursuing a
civil commitment proceeding under this chapter.
Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS. Requires the Office
of State Counsel for Offenders to represent a person subject to a civil
commitment proceeding under this chapter.
Sec. 841.006. APPLICATION OF CHAPTER. Provides that this chapter does not
prohibit a person from filing a petition at any time for a release under
this chapter, or create a cause of action against another person for
failure to give proper notice.
Sec. 841.007. DUTIES OF INTERAGENCY COUNCIL ON SEX OFFENDER TREATMENT.
Provides that the Interagency Council on Sex Offender Treatment is
responsible for providing appropriate and necessary treatment and
supervision through the case management system.
SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR; INITIAL DETERMINATIONS
Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. Requires the department to
give the multidisciplinary team established under Section 841.022 notice of
the anticipated release of a person who is serving a sentence for a
sexually violent offense and appears to be a repeat sexually violent
offender. Requires Texas Department of Mental Health and Mental
Retardation (MHMR) to give the multidisciplinary team notice of the
anticipated discharge of a person who committed certain offenses. Requires
the department or MHMR to give the notice described by Subsection (a) or
(b) within a certain time. Sets forth requirements for information
contained in the notice.
Sec. 841.022. MULTIDISCIPLINARY TEAM. Requires the department executive
director and the commissioner of the MHMR jointly to establish a
multidisciplinary team that will review available records of cases referred
to the team. Sets forth the people included in the makeup of the
multidisciplinary team. Authorizes team members to request outside
assistance in making decisions. Requires the team to take certain actions
within 30 days of receiving the notice.
Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY. Requires the
department or MHMR to determine, within a certain time period, whether the
person suffers from a behavioral abnormality that makes the person likely
to engage in a predatory act of sexual violence. Requires the department
required to make the determination to use an expert to examine the person.
Authorizes that department to contract for the expert service required by
this subsection. Requires the expert to make a clinical assessment based
on testing for psychopathy, a clinical interview, and other appropriate
assessments and techniques to aid in the determination. Requires the
appropriate department to give notice of the determination and provide
corresponding documentation to the attorney representing the state not
later than the 30th day after the date of a recommendation under Section
841.022(c), if the department determines that the person is a sexually
violent predator.
SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS
Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. Authorizes the attorney
representing the state to file, in certain courts, a petition alleging that
a person referred to the attorney is a sexually violent predator, and
stating facts sufficient to support the allegation. Requires the attorney
representing the state to attempt to file the petition within a prescribed
time frame.
SUBCHAPTER D. TRIAL
Sec. 841.061. TRIAL. Requires the judge to conduct a trial, not later
than the 60th day after the date a petition is filed under Section 841.041,
to determine whether the person is a sexually violent predator.
Establishes that the person or the state is entitled to a jury trial on
demand. Requires the demand to be filed in writing not later than the 10th
day before the trial. Provides that the person and the state are entitled
to an immediate examination of the person by an expert. Sets forth
additional rights of the person at the trial. Authorizes the attorney
representing the state to rely on the petition filed under Section 841.041
and supplement the petition with documentary evidence or live testimony.
Sec. 841.062. DETERMINATION OF PREDATOR STATUS. Requires the judge or
jury to determine whether, beyond a reasonable doubt, the person is a
sexually violent predator. Provides that either the state or the person is
entitled to appeal the determination. Requires a unanimous verdict if the
jury determines that a person is a sexually violent predator.
Sec. 841.063. CONTINUANCE. Authorizes the judge to continue a trial
conducted under Section 841.061 if the person is not substantially
prejudiced by the continuance, and certain conditions exist.
Sec. 841.066. MISTRIAL. Requires a trial following a mistrial to begin no
later than the 90th day after the date a mistrial was declared, unless a
continuance is granted.
SUBCHAPTER E. CIVIL COMMITMENT
Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. Requires the judge to commit
a person determined to be a sexually violent predator for outpatient
treatment and supervision to be coordinated by the case manager. Requires
the outpatient treatment and supervision to begin on the person's release
from a secure correctional facility or discharge from a state hospital and
to continue until the person's behavioral abnormality has changed to the
extent that the person is no longer likely to engage in a predatory act of
sexual violence.
Sec. 841.082. COMMITMENT REQUIREMENTS. Requires the judge, before
entering an order directing a person's outpatient civil commitment, to
impose on the person requirements necessary to ensure the person's
compliance with treatment and supervision and to protect the community.
Sets forth the requirements. Requires the judge to provide a copy of the
requirements imposed under Subsection (a) to the person and to the
Interagency Council on Sex Offender Treatment (ICSOT). Requires ICSOT to
provide a copy of those requirements to the case manager and to the service
providers. Requires the judge to transfer jurisdiction of the case to a
district court, other than a family district court, having jurisdiction in
the county in which the defendant is residing.
Sec. 841.083. TREATMENT; SUPERVISION. Requires ICSOT to approve and
contract for the provision of a treatment plan for the committed person to
be developed by the treatment provider. Authorizes a treatment plan to
include monitoring of the person with a polygraph or plethysmograph.
Authorizes the treatment provider to receive annual compensation in a
certain amount. Requires the case manager to provide supervision to the
person. Requires the supervision to include tracking services and, if
required by court order, supervised housing. Requires ICSOT to enter into
an interagency agreement with the Department of Public Safety (DPS) for the
provision of tracking services. Requires DPS to contract with the General
Services Commission (GSC) for the equipment necessary to implement those
services. Requires ICSOT to contract for any necessary supervised housing.
Prohibits the committed person from being housed for any period of time in
a mental health facility, state school, or community center. Defines
"community center," "mental health facility," and "state school." Sets
forth duties of the case manager.
Sec. 841.084. PROVIDER STATUS REPORTS. Requires a treatment provider or
a supervision provider other than the case manager to submit, on a regular
basis, a report to the case manager stating whether the person is complying
with treatment or supervision requirements.
Sec. 841.085. CRIMINAL PENALTY. Provides that a person commits a third
degree felony if the person violates a requirement imposed under Section
841.082.
SUBCHAPTER F. COMMITMENT REVIEW
Sec. 841.101. BIENNIAL EXAMINATION. Requires a person committed under
Section 841.064 to receive a biennial examination. Requires ICSOT to
contract for an expert to perform the examination. Requires the case
manager, in preparation for a judicial review, to provide a report of the
biennial examination to the judge. Requires the report to include certain
considerations. Requires the case manager to provide a copy of the report
to the council.
Sec. 841.102. BIENNIAL REVIEW. Requires the judge to conduct a biennial
review of the status of the committed person. Provides that the person is
entitled to be represented by counsel at the review, but the person is not
entitled to be there. Requires the judge to set a hearing if, at the
review, the judge makes certain determinations.
Sec. 841.103. HEARING. Provides that, at a hearing set under Section
841.102, the person and the state are entitled to an immediate examination
of the person by an expert. Provides that, if the hearing is set under
Section 841.102(c)(1), hearsay evidence is admissible if it is considered
otherwise reliable by the judge. Entitles the committed person to be
present at the hearing by the judge and to have the benefit of all the
constitutional protections provided at the initial civil commitment
proceeding. Entitles the person or the state to have a hearing before a
jury. Provides that the burden of proof is on the state to prove beyond a
reasonable doubt that the person's behavioral abnormality has not changed
to the extent that the person is no longer likely to engage in a predatory
act of sexual violence.
SUBCHAPTER G. PETITION FOR RELEASE
Sec. 841.121. AUTHORIZED PETITION FOR RELEASE. Requires the case manager
to authorize a person to petition the court for release, if the case
manager determines that the committed person's behavior is changed to the
extent that the person is no longer likely to engage in a predatory act of
sexual violence. Requires the petitioner to serve a petition to the court
and an attorney representing the state. Requires the judge to order a
hearing on the petition not later than the 30th day after the date the
judge receives the petition. Entitles the petitioner and the state to an
immediate examination of the petitioner by an expert. Requires the court,
upon request, to conduct a hearing before a jury. Provides that the
burden of proof is on the state to prove beyond a reasonable doubt that the
person's behavioral abnormality has not changed to the extent that the
person is no longer likely to engage in a predatory act of sexual violence.
Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR RELEASE. Requires
the case manager to notify the person in writing of the person's right,
upon commitment and annually thereafter, to petition the court for release
without the case manager's authorization.
Sec. 841.123. REVIEW OF UNAUTHORIZED PETITION FOR RELEASE. Requires the
person to serve a petition for release without the case manager's
authorization on the court and the attorney representing the state.
Requires the judge, upon receipt of a petition filed by the committed
person without the case manager's authorization, to attempt to review the
petition as soon as practicable. Requires the judge to deny petitions
based on frivolous grounds without a hearing or if other conditions are
met. Establishes that the judge is not required to deny a petition under
Subsection (b) if probable cause exists to believe that the petitioner's
behavioral abnormality has changed to the extent the petitioner is no
longer likely to engage in a predatory act of sexual violence.
Sec. 841.124. HEARING ON UNAUTHORIZED PETITION FOR RELEASE. Requires the
judge, if the judge does not deny a petition for release without the case
manager's authorization, to conduct a hearing on the petition as soon as
practicable. Provides that the petitioner and the state are entitled to an
immediate examination of the person by an expert. Requires the court to
conduct the hearing before a jury on request of the petitioner or the
attorney representing the state. Provides that the burden of proof is on
the state to prove beyond a reasonable doubt that the person's behavioral
abnormality has not changed to the extent that the person is no longer
likely to engage in a predatory act of sexual violence.
SUBCHAPTER H. MISCELLANEOUS PROVISIONS
Sec. 841.141. RULEMAKING AUTHORITY. Requires ICSOT, by rule, to
administer this chapter. Requires rules adopted under this section to be
consistent with the purposes of this chapter. Requires ICSOT, by rule, to
develop standards of care and case management for persons committed under
this chapter.
Sec. 841.142. RELEASE OR EXCHANGE OF INFORMATION. Requires any entity
that possesses information regarding relevant information relating to the
person, in order to protect the public and enable a determination of
whether a person is a sexually violent predator, to release the information
to an entity charged with determining that status. Requires, in order to
protect the public and enable the provision of control, care, and
treatment, to a person who is sexually violent predator, any entity that
possesses information regarding relevant information relating to the person
to release the information to the case manager. Requires certain entities
and individuals, upon written request of an attorney for another state or
political subdivision in another state, to release to the attorney any
available information regarding a person who is sought in connection with
an attempt to civilly commit the person as a sexually violent predator in
another state. Authorizes certain entities to exchange any available
information regarding a person, to protect the public and to enable a
determination relating to certain conditions regarding a sexually violent
predator. Establishes that information under this section includes
information relating to the supervision, treatment, criminal history, or
the physical or mental health of the person, as appropriate, regardless of
whether the information is confidential or when it was collected. Provides
that the person's consent is not required for release or exchange of
information under this section.
Sec. 841.143. REPORT, RECORD, OR STATEMENT SUBMITTED TO COURT. Establishes
that certain reports submitted to the court under this chapter are part of
the record of the court. Requires the report, record, or statement,
notwithstanding Subsection (a), to be sealed and may be opened only if
certain conditions exist.
Sec. 841.144. COUNSEL. Entitles a person subject to a proceeding, at all
stages of the civil commitment proceedings, to the assistance of counsel.
Requires the court to appoint an attorney if the person is indigent.
Sec. 841.145. EXPERT. Authorizes a person examined under this chapter to
retain an expert to perform an examination or participate in a civil
commitment proceeding on the person's behalf. Requires a judge to
determine the necessity of an expert's services in the case of an indigent
person. Requires the judge, if the judge determines it is necessary, to
appoint an expert to perform an examination or participate in the trial on
the person's behalf. Requires the court to approve reasonable compensation
for expert services rendered on behalf of an indigent person on filing of
a certified compensation claim supported by a written statement specifying
certain information regarding the services rendered. Requires the court to
ensure that an expert retained or appointed has reasonable access to a
person examined under this chapter, as well as all of the relevant records
and reports.
Sec. 841.146. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND COSTS.
Establishes that a person subject to a civil commitment proceeding under
this chapter and the attorney representing the state are entitled to a jury
trial or a hearing before a jury for that proceeding. Provides that the
number and selection of jurors are governed by Chapter 33, Code of Criminal
Procedure. Establishes that a civil commitment hearing is subject to the
rules of procedure and appeal for civil cases. Requires the state to pay
the costs of a civil commitment proceeding conducted under Subchapter D.
Requires the state to pay the costs of state or appointed counsel or
experts and the costs of the person's outpatient treatment and supervision
for any civil commitment proceeding conducted under this chapter.
Sec. 841.168. IMMUNITY. Sets forth persons who are immune from liability
for good faith conduct under this chapter.
SECTION 4.02. Amends Sections 51.13(a) and (b), Family Code, to provide
that, except as provided by Chapter 841, Health and Safety Code, an order
of adjudication or disposition does not impose any civil disability
ordinarily resulting from a conviction. Authorizes the adjudication or
disposition of a child or evidence adduced in a hearing under this title to
be used only in subsequent civil commitment proceedings under Chapter 841,
Health and Safety Code. Makes conforming changes.
SECTION 4.03. Amends Section 61.066, Human Resources Code, to prohibit a
commitment to the Texas Youth Commission from being received in evidence or
used in any way in any proceedings or any court except in certain
circumstances, including subsequent civil commitment proceedings under
Chapter 841, Health and Safety Code, regarding the same person. Makes
conforming changes.
SECTION 4.04. Makes application of this Act prospective to January 1, 2000.
ARTICLE 5
SECTION 5.01. Effective date: September 1, 1999.
SECTION 5.02. Emergency clause.