By Shapiro S.B. No. 29
76R312 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil commitment of sexually violent predators;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Health and Safety Code is amended by adding
1-6 Title 11 to read as follows:
1-7 TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-8 CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 841.001. LEGISLATIVE FINDINGS. The legislature finds
1-11 that a small but extremely dangerous group of sexually violent
1-12 predators exists. The legislature finds that a sexually violent
1-13 predator does not have a mental illness, disease, or condition that
1-14 renders the predator appropriate for commitment under Subtitle C,
1-15 Title 7, because that law is primarily intended to provide
1-16 short-term treatment to a person with a serious mental disorder and
1-17 then return that person to the community. In contrast to a person
1-18 who is appropriate for involuntary commitment under Subtitle C,
1-19 Title 7, a sexually violent predator generally has a behavioral
1-20 abnormality that is not amenable to existing mental illness
1-21 treatment modalities and that makes the predator likely to engage
1-22 in sexually violent behavior. The legislature finds that a
1-23 sexually violent predator is highly likely to engage in repeat acts
1-24 of predatory sexual violence. The existing involuntary commitment
2-1 provisions of Subtitle C, Title 7, are inadequate to address the
2-2 risk that a sexually violent predator poses to society. The
2-3 legislature also finds that the prognosis for curing a sexually
2-4 violent predator is poor, and research is vitally important to the
2-5 improvement of the efficacy of treatment. The legislature also
2-6 finds that the treatment needs of the population of sexually
2-7 violent predators are long-term, and the treatment modalities for
2-8 that population are different from the traditional treatment
2-9 modalities for persons appropriate for involuntary commitment under
2-10 Subtitle C, Title 7. The legislature further finds that a civil
2-11 commitment procedure for the long-term care and treatment of
2-12 sexually violent predators is necessary.
2-13 Sec. 841.002. DEFINITIONS. In this chapter:
2-14 (1) "Attorney representing the state" means an
2-15 attorney employed by the prison prosecution unit to prosecute civil
2-16 commitment proceedings under this chapter.
2-17 (2) "Behavioral abnormality" means a congenital or
2-18 acquired condition that, by affecting a person's emotional or
2-19 volitional capacity, predisposes the person to commit a sexually
2-20 violent offense, to the extent that the person becomes a menace to
2-21 the health and safety of another person.
2-22 (3) "Board" means the Texas Board of Mental Health and
2-23 Mental Retardation.
2-24 (4) "Commissioner" means the commissioner of the
2-25 department.
2-26 (5) "Department" means the Texas Department of Mental
2-27 Health and Mental Retardation.
3-1 (6) "Predatory act" means an act that is committed for
3-2 the purpose of victimization and that is directed toward:
3-3 (A) a stranger;
3-4 (B) a person of casual acquaintance with whom no
3-5 substantial relationship exists; or
3-6 (C) a person with whom a relationship has been
3-7 established or promoted for the purpose of victimization.
3-8 (7) "Repeat sexually violent offender" has the meaning
3-9 assigned by Section 841.003.
3-10 (8) "Secure correctional facility" means a county jail
3-11 or a confinement facility operated by or under contract with any
3-12 division of the Texas Department of Criminal Justice.
3-13 (9) "Sexually violent offense" means:
3-14 (A) an offense under Section 21.11(a)(1),
3-15 22.011, or 22.021, Penal Code;
3-16 (B) an offense under Section 20.04(a)(4), Penal
3-17 Code, if the defendant committed the offense with intent to violate
3-18 or abuse the victim sexually;
3-19 (C) an offense under Section 30.02, Penal Code,
3-20 if the offense is punishable under Subsection (d) of that section
3-21 and the defendant committed the offense with the intent to commit
3-22 an offense listed in Paragraph (A) or (B);
3-23 (D) an attempt, conspiracy, or solicitation, as
3-24 defined by Chapter 15, Penal Code, to commit an offense listed in
3-25 Paragraph (A), (B), or (C);
3-26 (E) an offense under prior state law that
3-27 contains elements substantially similar to the elements of an
4-1 offense listed in Paragraph (A), (B), (C), or (D); or
4-2 (F) an offense under the law of another state,
4-3 federal law, or the Uniform Code of Military Justice that contains
4-4 elements substantially similar to the elements of an offense listed
4-5 in Paragraph (A), (B), (C), or (D).
4-6 (10) "Sexually violent predator" has the meaning
4-7 assigned by Section 841.003.
4-8 (11) "Special commitment center" means the facility
4-9 operated by the Texas Department of Criminal Justice under this
4-10 chapter for the purpose of confining sexually violent predators.
4-11 Sec. 841.003. SEXUALLY VIOLENT PREDATOR. (a) A person is a
4-12 sexually violent predator for the purposes of this chapter if the
4-13 person:
4-14 (1) is a repeat sexually violent offender; and
4-15 (2) suffers from a behavioral abnormality that makes
4-16 the person likely to engage in a predatory act of sexual violence.
4-17 (b) A person is a repeat sexually violent offender for the
4-18 purposes of this chapter if:
4-19 (1) the person:
4-20 (A) is convicted of a sexually violent offense,
4-21 regardless of whether the sentence for the offense was ever imposed
4-22 or whether the sentence was probated and the defendant was
4-23 subsequently discharged from community supervision;
4-24 (B) enters a plea of guilty or nolo contendere
4-25 for a sexually violent offense in return for a grant of deferred
4-26 adjudication;
4-27 (C) is adjudged not guilty by reason of insanity
5-1 of a sexually violent offense; or
5-2 (D) is adjudicated by a juvenile court as having
5-3 engaged in delinquent conduct constituting a sexually violent
5-4 offense and is committed to the Texas Youth Commission under
5-5 Section 54.04(d)(3) or (m), Family Code; and
5-6 (2) after the date on which under Subdivision (1) the
5-7 person is convicted, receives a grant of deferred adjudication, is
5-8 adjudged not guilty by reason of insanity, or is adjudicated by a
5-9 juvenile court as having engaged in delinquent conduct, the person
5-10 commits a sexually violent offense for which the person:
5-11 (A) is convicted, regardless of whether the
5-12 sentence for the offense was ever imposed or whether the sentence
5-13 was probated and the defendant was subsequently discharged from
5-14 community supervision;
5-15 (B) enters a plea of guilty or nolo contendere
5-16 in return for a grant of deferred adjudication; or
5-17 (C) is adjudged not guilty by reason of
5-18 insanity.
5-19 Sec. 841.004. PRISON PROSECUTION UNIT. A special division
5-20 of the prison prosecution unit, separate from that part of the unit
5-21 responsible for prosecuting criminal cases, is responsible for
5-22 prosecuting civil commitment proceedings under this chapter.
5-23 Sec. 841.005. APPLICATION OF CHAPTER. This chapter does
5-24 not:
5-25 (1) prohibit a person committed under this chapter
5-26 from filing at any time a petition for discharge or a petition for
5-27 conditional release to a less restrictive alternative under this
6-1 chapter; or
6-2 (2) create for the committed person a cause of action
6-3 against another person for failure to give notice within a period
6-4 required by this chapter.
6-5 (Sections 841.006-841.020 reserved for expansion
6-6 SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR;
6-7 INITIAL DETERMINATIONS
6-8 Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before the
6-9 person's anticipated release date, the Texas Department of Criminal
6-10 Justice shall give to the multidisciplinary team established under
6-11 Section 841.022 notice of the anticipated release of a person who:
6-12 (1) is serving a sentence for a sexually violent
6-13 offense; and
6-14 (2) is a repeat sexually violent offender.
6-15 (b) Before the person's anticipated discharge date, the
6-16 department shall give to the multidisciplinary team established
6-17 under Section 841.022 notice of the anticipated discharge of a
6-18 person who:
6-19 (1) is committed to the department after having been
6-20 adjudged not guilty by reason of insanity of a sexually violent
6-21 offense; and
6-22 (2) is a repeat sexually violent offender.
6-23 (c) The notice under Subsection (a) or (b) may be given
6-24 orally.
6-25 (d) The Texas Department of Criminal Justice or the
6-26 department, as appropriate, shall attempt to give the notice
6-27 described by Subsection (a) or (b) in writing not later than the
7-1 120th day before the person's anticipated release or discharge
7-2 date, but in no event may that agency give the written notice after
7-3 the time that the multidisciplinary team concludes its assessment
7-4 of the person under Section 841.022. The notice must contain the
7-5 following information:
7-6 (1) the person's name, identifying factors,
7-7 anticipated residence after release or discharge, and criminal
7-8 history; and
7-9 (2) documentation of the person's institutional
7-10 adjustment and actual treatment.
7-11 Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
7-12 director of the Texas Department of Criminal Justice and the
7-13 commissioner jointly shall establish a multidisciplinary team to
7-14 review available records of a person referred to the team under
7-15 Section 841.021. The team must include:
7-16 (1) two persons from the department;
7-17 (2) three persons from the Texas Department of
7-18 Criminal Justice, one of whom must be from the victim services
7-19 office of that department;
7-20 (3) one person from the Department of Public Safety;
7-21 and
7-22 (4) one person from the Interagency Council on Sex
7-23 Offender Treatment.
7-24 (b) The multidisciplinary team may request the assistance of
7-25 other persons in making a determination under this section.
7-26 (c) Not later than the 30th day after the date the
7-27 multidisciplinary team receives notice under Section 841.021(a) or
8-1 (b), the team shall:
8-2 (1) determine whether the person is a sexually violent
8-3 predator;
8-4 (2) give notice of that determination to the Texas
8-5 Department of Criminal Justice or the department, as appropriate;
8-6 and
8-7 (3) refer the person to the special commitment center
8-8 for examination, if the team determines that the person is a
8-9 sexually violent predator.
8-10 Sec. 841.023. SPECIAL COMMITMENT CENTER. (a) The Texas
8-11 Department of Criminal Justice or the department, as appropriate,
8-12 may transfer to the special commitment center a person referred to
8-13 the center under Section 841.022(c).
8-14 (b) The special commitment center shall determine whether
8-15 the person is a sexually violent predator not later than the 30th
8-16 day after the date of a referral under Section 841.022(c). To aid
8-17 in this determination, the center shall designate an expert to
8-18 examine the person.
8-19 (c) If the special commitment center determines that the
8-20 person is a sexually violent predator, the commissioner shall give
8-21 notice of that determination and provide corresponding
8-22 documentation to the attorney representing the state not later than
8-23 the 30th day after the date of a referral under Section 841.022(c).
8-24 (d) If the special commitment center determines that the
8-25 person is not a sexually violent predator, the commissioner shall
8-26 give notice of that determination to the Texas Department of
8-27 Criminal Justice or the department, as appropriate, not later than
9-1 the 30th day after the date of a referral under Section 841.022(c).
9-2 The Texas Department of Criminal Justice shall transport the person
9-3 to a secure correctional facility for release, or the department
9-4 shall transport the person to a state hospital for discharge, as
9-5 appropriate.
9-6 (Sections 841.024-841.040 reserved for expansion
9-7 SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS
9-8 Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If
9-9 the attorney representing the state determines that a person
9-10 referred to the attorney under Section 841.023 is a sexually
9-11 violent predator, the attorney may file, in a Smith County district
9-12 court other than a family district court, a petition alleging that
9-13 the person is a sexually violent predator and stating facts
9-14 sufficient to support the allegation.
9-15 (b) The attorney representing the state shall attempt to
9-16 file the petition not later than the 15th day before the
9-17 anticipated release or discharge date of the referred person, but
9-18 in no event may the attorney file the petition later than the 60th
9-19 day after the date the person is referred to the attorney.
9-20 Sec. 841.042. PROBABLE CAUSE DETERMINATION. (a) On the
9-21 filing of a petition under Section 841.041, the judge shall
9-22 determine whether probable cause exists to believe that the person
9-23 named in the petition is a sexually violent predator.
9-24 (b) If probable cause is determined to exist, the judge
9-25 shall direct that the person be taken into custody and detained at
9-26 the special commitment center.
9-27 Sec. 841.043. HEARING. (a) Within 72 hours after a person
10-1 is detained under Section 841.042, the attorney representing the
10-2 state shall give the detained person notice of a hearing to contest
10-3 probable cause as to whether the person is a sexually violent
10-4 predator.
10-5 (b) At the hearing, the judge shall:
10-6 (1) verify the detained person's identity; and
10-7 (2) determine whether probable cause exists to believe
10-8 that the person is a sexually violent predator.
10-9 (c) The attorney representing the state may rely on the
10-10 petition and supplement the petition with documentary evidence or
10-11 live testimony.
10-12 (d) The rights of the detained person include the following:
10-13 (1) the right to appear at the hearing;
10-14 (2) the right to present evidence on the person's
10-15 behalf;
10-16 (3) the right to cross-examine a witness who testifies
10-17 against the person; and
10-18 (4) the right to view and copy all petitions and
10-19 reports in the court file.
10-20 (Sections 841.044-841.060 reserved for expansion
10-21 SUBCHAPTER D. TRIAL
10-22 Sec. 841.061. TRIAL. (a) Not later than the 60th day after
10-23 the completion date of a hearing conducted under Section 841.043,
10-24 the judge shall conduct a trial to determine whether the detained
10-25 person is a sexually violent predator.
10-26 (b) The detained person or the state is entitled to a jury
10-27 trial on demand. A demand for a jury trial must be filed in
11-1 writing not later than the 10th day before the date the trial is
11-2 scheduled to begin.
11-3 (c) The number and selection of jurors is governed by
11-4 Chapter 33, Code of Criminal Procedure.
11-5 Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The
11-6 judge or jury shall determine whether, beyond a reasonable doubt,
11-7 the detained person is a sexually violent predator. Either the
11-8 state or the person is entitled to appeal the determination.
11-9 (b) A jury determination that the person is a sexually
11-10 violent predator must be by unanimous verdict.
11-11 Sec. 841.063. DISCHARGE AFTER TRIAL. Unless the judge or
11-12 jury determines that the detained person is a sexually violent
11-13 predator, the judge shall direct the person's discharge.
11-14 Sec. 841.064. COMMITMENT OF PREDATOR. (a) If the judge or
11-15 jury determines that the detained person is a sexually violent
11-16 predator, the judge shall commit the person to the custody of the
11-17 commissioner for control, care, and treatment at the special
11-18 commitment center until the person's behavioral abnormality has
11-19 changed to the extent that:
11-20 (1) the person is no longer likely to engage in a
11-21 predatory act of sexual violence on discharge from the special
11-22 commitment center; or
11-23 (2) it is safe to conditionally release the person to
11-24 a less restrictive alternative.
11-25 (b) The department shall enter into an interagency contract
11-26 with the Texas Department of Criminal Justice for the confinement
11-27 of a person committed under this section. The Texas Department of
12-1 Criminal Justice shall house or contract for the housing of persons
12-2 committed under this section separately from inmates in the custody
12-3 of the Texas Department of Criminal Justice. The department shall
12-4 provide or contract for the provision of care and treatment to a
12-5 person committed under this section.
12-6 Sec. 841.065. CONTINUANCE. The judge may continue a trial
12-7 conducted under Section 841.061 if the detained person is not
12-8 substantially prejudiced by the continuance and:
12-9 (1) on the request of either party and a showing of
12-10 good cause; or
12-11 (2) on the judge's own motion in the due
12-12 administration of justice.
12-13 Sec. 841.066. MISTRIAL. (a) On a mistrial, the judge shall
12-14 direct the detained person's continued detention at the special
12-15 commitment center until another trial is conducted.
12-16 (b) A trial following a mistrial must begin not later than
12-17 the 90th day after the date a mistrial was declared in the previous
12-18 trial, unless the later trial is continued as provided by Section
12-19 841.065.
12-20 (Sections 841.067-841.080 reserved for expansion
12-21 SUBCHAPTER E. COMMITMENT REVIEW
12-22 Sec. 841.081. BIENNIAL EXAMINATION. (a) A person committed
12-23 under Section 841.064 shall receive a biennial examination.
12-24 (b) In preparation for a judicial review conducted under
12-25 Section 841.082, the commissioner shall provide a report of the
12-26 biennial examination to the judge who committed the person under
12-27 Section 841.064. The report shall include consideration of whether
13-1 conditional release to a less restrictive alternative is in the
13-2 best interest of the person and will protect the community.
13-3 Sec. 841.082. BIENNIAL REVIEW. (a) The judge shall conduct
13-4 a biennial review of the status of the committed person.
13-5 (b) The person is entitled to be represented by counsel at
13-6 the biennial review, but the person is not entitled to be present
13-7 at that review.
13-8 (c) The judge shall set a hearing if the judge determines at
13-9 the biennial review that probable cause exists to believe that the
13-10 person's behavioral abnormality has changed to the extent that:
13-11 (1) the person is no longer likely to engage in a
13-12 predatory act of sexual violence on discharge from the special
13-13 commitment center; or
13-14 (2) it is safe to conditionally release the person to
13-15 a less restrictive alternative.
13-16 Sec. 841.083. HEARING. (a) At a hearing set by the judge
13-17 under Section 841.082, the committed person is entitled to be
13-18 present and to have the benefit of all constitutional protections
13-19 provided to the person at the initial civil commitment proceeding.
13-20 (b) The state is entitled to have the hearing conducted
13-21 before a jury and to choose an expert to examine the person.
13-22 (c) The burden of proof at the hearing is on the state to
13-23 prove beyond a reasonable doubt that the person's behavioral
13-24 abnormality has not changed to the extent that:
13-25 (1) the person is no longer likely to engage in a
13-26 predatory act of sexual violence on discharge from the special
13-27 commitment center; or
14-1 (2) it is safe to conditionally release the person to
14-2 a less restrictive alternative.
14-3 (Sections 841.084-841.100 reserved for expansion
14-4 SUBCHAPTER F. PETITIONS FOR DISCHARGE OR CONDITIONAL
14-5 RELEASE TO LESS RESTRICTIVE ALTERNATIVE
14-6 Sec. 841.101. AUTHORIZED PETITIONS FOR DISCHARGE OR
14-7 CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. (a) If the
14-8 commissioner determines that the committed person's behavioral
14-9 abnormality has changed to the extent that the person is no longer
14-10 likely to engage in a predatory act of sexual violence on discharge
14-11 from the special commitment center, the commissioner shall
14-12 authorize the person to petition the court for discharge or for
14-13 conditional release to a less restrictive alternative. If the
14-14 commissioner determines that the committed person's behavioral
14-15 abnormality has changed to the extent that it is safe to
14-16 conditionally release the person to a less restrictive alternative,
14-17 the commissioner shall authorize the person to petition the court
14-18 for conditional release to a less restrictive alternative.
14-19 (b) The petitioner shall serve a petition under this section
14-20 on the court and the attorney representing the state.
14-21 (c) The judge shall order a hearing on a petition under this
14-22 section not later than the 30th day after the date the judge
14-23 receives the petition.
14-24 (d) The state is entitled to choose an expert to examine the
14-25 petitioner.
14-26 (e) On request of the petitioner or the attorney
14-27 representing the state, the court shall conduct the hearing before
15-1 a jury.
15-2 (f) The burden of proof at the hearing is on the state to
15-3 prove beyond a reasonable doubt that the petitioner's behavioral
15-4 abnormality has not changed to the extent that:
15-5 (1) the petitioner is no longer likely to engage in a
15-6 predatory act of sexual violence on discharge from the special
15-7 commitment center; or
15-8 (2) it is safe to conditionally release the person to
15-9 a less restrictive alternative.
15-10 Sec. 841.102. UNAUTHORIZED PETITIONS FOR DISCHARGE OR
15-11 CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. On a person's
15-12 commitment and annually after that commitment, the commissioner
15-13 shall provide the person with written notice of the person's right
15-14 to petition the court for discharge or for conditional release to a
15-15 less restrictive alternative over the commissioner's objection.
15-16 Sec. 841.103. FRIVOLOUS PETITIONS FOR DISCHARGE OR
15-17 CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. (a) On
15-18 receipt of a petition for discharge or a petition for conditional
15-19 release to a less restrictive alternative filed by the committed
15-20 person without the commissioner's authorization, the judge shall
15-21 attempt as soon as practicable to review the petition and determine
15-22 if the petition is based on frivolous grounds. If the petition is
15-23 based on frivolous grounds, the judge shall deny the petition
15-24 without a hearing.
15-25 (b) Except as provided by Subsection (c), the judge shall
15-26 deny without a hearing a petition for discharge or a petition for
15-27 conditional release to a less restrictive alternative filed without
16-1 the commissioner's authorization if:
16-2 (1) the petitioner previously filed without the
16-3 commissioner's authorization another petition for discharge or
16-4 another petition for conditional release to a less restrictive
16-5 alternative;
16-6 (2) the previous petition sought to accomplish the
16-7 same result, discharge or conditional release, as the later
16-8 petition; and
16-9 (3) the judge determined on review of the previous
16-10 petition or following a hearing that:
16-11 (A) the petition was frivolous; or
16-12 (B) the petitioner's behavioral abnormality had
16-13 not changed to the extent that:
16-14 (i) the petitioner was no longer likely to
16-15 engage in a predatory act of sexual violence on discharge from the
16-16 special commitment center, if the petition was a petition for
16-17 discharge; or
16-18 (ii) it was safe to conditionally release
16-19 the person to a less restrictive alternative, if the petition was a
16-20 petition for conditional release to a less restrictive alternative.
16-21 (c) The judge is not required to deny a petition under
16-22 Subsection (b) if the petition contains facts on which a court
16-23 could find that the petitioner's behavioral abnormality had changed
16-24 to the extent that a hearing was warranted.
17-1 (Sections 841.104-841.120 reserved for expansion
17-2 SUBCHAPTER G. DISCHARGE OR CONDITIONAL RELEASE
17-3 TO LESS RESTRICTIVE ALTERNATIVE
17-4 Sec. 841.121. NOTICE OF DISCHARGE OR CONDITIONAL RELEASE TO
17-5 LESS RESTRICTIVE ALTERNATIVE. (a) Before the committed person is
17-6 discharged or conditionally released to a less restrictive
17-7 alternative, the commissioner shall give written notice of the
17-8 discharge or conditional release to the victim, a guardian of the
17-9 victim, or, if the victim is deceased, a close relative of the
17-10 deceased victim.
17-11 (b) Failure to notify under this section:
17-12 (1) is not a reason to postpone discharge or
17-13 conditional release; and
17-14 (2) does not create a cause of action against the
17-15 state or a state employee acting within the scope of employment.
17-16 (c) In this section, "close relative of a deceased victim,"
17-17 "guardian of a victim," and "victim" have the meanings assigned by
17-18 Article 56.01, Code of Criminal Procedure.
17-19 Sec. 841.122. CONDITIONAL RELEASE TO LESS RESTRICTIVE
17-20 ALTERNATIVE. (a) The department shall provide or contract for the
17-21 provision of treatment to a person who is conditionally released to
17-22 a less restrictive alternative under this chapter.
17-23 (b) The department shall enter into an interagency agreement
17-24 with the Texas Department of Criminal Justice for any necessary
17-25 supervision of a person who is conditionally released to a less
17-26 restrictive alternative under this chapter. The Texas Department
17-27 of Criminal Justice shall provide or contract for the provision of
18-1 supervision to the person. The provision of supervision under this
18-2 subchapter may include the provision of supervised housing to a
18-3 person.
18-4 (c) A service provider other than the department or the
18-5 Texas Department of Criminal Justice may provide a service to a
18-6 person under this chapter only if the service provider agrees in
18-7 writing to provide the service.
18-8 Sec. 841.123. CONDITIONAL RELEASE TO LESS RESTRICTIVE
18-9 ALTERNATIVE; COURT ORDER. (a) The judge shall enter an order
18-10 directing a person's conditional release to a less restrictive
18-11 alternative if the judge determines that:
18-12 (1) the conditional release is in the best interest of
18-13 the person and will protect the community;
18-14 (2) the less restrictive alternative is available and
18-15 adequately funded;
18-16 (3) the person will be treated by a qualified
18-17 treatment provider who:
18-18 (A) has presented to the court a specific course
18-19 of treatment and has agreed to assume responsibility for that
18-20 course of treatment; and
18-21 (B) will regularly report treatment progress and
18-22 will immediately report a violation of treatment requirements to
18-23 the Texas Department of Criminal Justice;
18-24 (4) any proposed supervision is sufficient to protect
18-25 the community;
18-26 (5) any proposed supervision provider has agreed:
18-27 (A) to provide the supervision at the level of
19-1 security required by the judge; and
19-2 (B) for a provider other than the Texas
19-3 Department of Criminal Justice, to report the person's failure to
19-4 comply with supervision requirements immediately to that
19-5 department;
19-6 (6) the conditions described by Subsection (b) are
19-7 sufficient to ensure the person's compliance with treatment and to
19-8 protect the community; and
19-9 (7) the person is willing to comply with:
19-10 (A) the treatment requirements and any necessary
19-11 supervision requirements imposed by service providers; and
19-12 (B) the conditions imposed by the judge under
19-13 Subsection (b).
19-14 (b) Before entering an order directing a person's
19-15 conditional release to a less restrictive alternative, the judge
19-16 shall impose on the person conditions necessary to ensure the
19-17 person's compliance with treatment and to protect the community.
19-18 The conditions may include:
19-19 (1) requiring the person to reside in a particular
19-20 location;
19-21 (2) prohibiting the person's contact with a victim or
19-22 potential victim of the person;
19-23 (3) prohibiting the person's use of alcohol or a
19-24 controlled substance;
19-25 (4) requiring the person's participation in a specific
19-26 course of treatment;
19-27 (5) requiring the person to submit to a particular
20-1 type of supervision;
20-2 (6) prohibiting the person from leaving the state
20-3 without prior authorization from the judge; and
20-4 (7) any other conditions determined necessary by the
20-5 judge.
20-6 (c) The Texas Department of Criminal Justice and the
20-7 department on the order of the court shall examine the less
20-8 restrictive alternative proposed by the judge and recommend to the
20-9 judge any additional conditions necessary to ensure the person's
20-10 compliance with treatment and to protect the community.
20-11 (d) The judge shall provide to the person and to the service
20-12 providers a copy of the conditions imposed under Subsection (b).
20-13 (e) A proposed course of treatment may include the
20-14 monitoring of a conditionally released person with a polygraph or
20-15 plethysmograph.
20-16 (f) If the judge does not enter an order directing a
20-17 person's conditional release to a less restrictive alternative, the
20-18 judge shall remand the person to the custody of the commissioner
20-19 for control, care, and treatment at the special commitment center,
20-20 subject to discharge in accordance with this chapter.
20-21 Sec. 841.124. CONDITIONAL RELEASE TO LESS RESTRICTIVE
20-22 ALTERNATIVE; TREATMENT REPORT. A treatment provider shall submit,
20-23 as frequently as directed by the Texas Department of Criminal
20-24 Justice, a report to that department stating whether the person is
20-25 complying with treatment requirements.
20-26 Sec. 841.125. CONDITIONAL RELEASE TO LESS RESTRICTIVE
20-27 ALTERNATIVE; REVIEW. (a) A judge who conditionally releases a
21-1 person under Section 841.123 shall conduct an annual review of the
21-2 person's status. The judge may conduct the review more frequently
21-3 on the judge's own motion or on the motion of the person or the
21-4 attorney representing the state. On review, the judge shall
21-5 determine whether to rescind or modify the person's conditional
21-6 release.
21-7 (b) On a reasonable belief that a conditionally released
21-8 person is not complying with a condition of release, needs
21-9 additional care or treatment, or poses an immediate risk to public
21-10 safety, the Texas Department of Criminal Justice, the department,
21-11 the attorney representing the state, or the judge who conditionally
21-12 released the person may cause the person to be taken into custody
21-13 and detained at the special commitment center until a hearing can
21-14 be scheduled to determine whether to rescind or modify the person's
21-15 conditional release. If a person other than the judge causes a
21-16 detention under this subsection, the person shall notify the judge
21-17 of the detention before the close of the next judicial day.
21-18 (c) On the conditionally released person's detention at the
21-19 special commitment center and on request of either party, the
21-20 person and the attorney representing the state are entitled to an
21-21 immediate examination of the person. A conditionally released
21-22 indigent person is entitled to expert services as approved by the
21-23 judge under Section 841.166.
21-24 (d) The judge, on ordering the person's detention or on
21-25 receiving notice of that detention, promptly shall schedule a
21-26 hearing. Hearsay evidence is admissible at the hearing if it is
21-27 considered otherwise reliable by the judge. At the hearing, the
22-1 judge shall determine:
22-2 (1) whether the state has proven beyond a reasonable
22-3 doubt that the conditionally released person failed to comply with
22-4 a condition of release;
22-5 (2) whether the person's conditional release should
22-6 continue on the same or modified conditions; and
22-7 (3) whether to rescind the person's conditional
22-8 release and remand the person to the custody of the commissioner
22-9 for control, care, and treatment at the special commitment center,
22-10 subject to discharge in accordance with this chapter.
22-11 Sec. 841.126. DEPARTMENTAL CERTIFICATE OR COURT ORDER
22-12 DIRECTING RETURN TO SPECIAL COMMITMENT CENTER. (a) By issuing a
22-13 certificate directing the return, the department may cause a person
22-14 to be taken into custody and returned to the special commitment
22-15 center if the department reasonably believes that the person:
22-16 (1) is absent without authority from the center;
22-17 (2) has violated a condition of release to a less
22-18 restrictive alternative; or
22-19 (3) poses an immediate risk to public safety.
22-20 (b) If the department issues a certificate under this
22-21 section, the judge may enter an order directing a peace officer to
22-22 take the person into custody and to return the person to the
22-23 special commitment center as soon as possible.
22-24 (c) On direction by a departmental certificate or court
22-25 order under this section, a peace officer shall take the person
22-26 into custody and return the person to the special commitment center
22-27 as soon as possible. The certificate or order need not be in the
23-1 officer's possession at the time the officer acts under this
23-2 subsection.
23-3 (d) A person commits an offense if the person is absent
23-4 without authority from the special commitment center or if the
23-5 person violates a condition of release to a less restrictive
23-6 alternative. An offense under this subsection is a state jail
23-7 felony.
23-8 (Sections 841.127-841.140 reserved for expansion
23-9 SUBCHAPTER H. ADMINISTRATION OF MEDICATIONS
23-10 Sec. 841.141. DEFINITIONS. In this subchapter:
23-11 (1) "Capacity" means a person's ability to:
23-12 (A) understand the nature and consequences of a
23-13 proposed treatment, including the benefits and risks of and
23-14 alternatives to the proposed treatment; and
23-15 (B) make a decision whether to undergo the
23-16 proposed treatment.
23-17 (2) "Medication-related emergency" means a situation
23-18 in which it is immediately necessary to administer medication to a
23-19 person to prevent:
23-20 (A) imminent probable death or substantial
23-21 bodily harm to the person because the person:
23-22 (i) overtly or continually is threatening
23-23 or attempting to commit suicide or serious bodily harm; or
23-24 (ii) is behaving in a manner that
23-25 indicates that the person is unable to satisfy the person's need
23-26 for nourishment, essential medical care, or self-protection; or
23-27 (B) imminent physical or emotional harm to
24-1 another because of threats, attempts, or other acts the person
24-2 overtly or continually makes or commits.
24-3 (3) "Psychoactive medication" means a medication that
24-4 is prescribed for the treatment of symptoms of psychosis or other
24-5 severe mental or emotional disorders and that is used to exercise
24-6 an effect on the central nervous system to influence and modify
24-7 behavior, cognition, or affective state when treating the symptoms
24-8 of mental illness. The term includes the following categories of
24-9 medications:
24-10 (A) antipsychotics or neuroleptics;
24-11 (B) antidepressants;
24-12 (C) agents for control of mania or depression;
24-13 (D) antianxiety agents;
24-14 (E) sedatives, hypnotics, or other
24-15 sleep-promoting drugs; and
24-16 (F) psychomotor stimulants.
24-17 Sec. 841.142. APPLICATION OF SUBCHAPTER. This subchapter
24-18 applies only to the application of psychoactive medication to a
24-19 person:
24-20 (1) who is subject to an order of commitment as a
24-21 sexually violent predator under Section 841.064; or
24-22 (2) for whom a petition for that commitment has been
24-23 filed under Section 841.041.
24-24 Sec. 841.143. ADMINISTRATION OF MEDICATION TO PERSON. A
24-25 person may not administer a psychoactive medication to a person who
24-26 refuses to take the medication voluntarily unless:
24-27 (1) the person is having a medication-related
25-1 emergency; or
25-2 (2) the person is under an order issued under Section
25-3 841.146 authorizing the administration of the medication regardless
25-4 of the person's refusal.
25-5 Sec. 841.144. PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE
25-6 PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a) A physician who is
25-7 treating a person may, on behalf of the state, file an application
25-8 in a probate court or a court with probate jurisdiction for an
25-9 order to authorize the administration of a psychoactive medication
25-10 regardless of the person's refusal if:
25-11 (1) the physician believes that the person lacks the
25-12 capacity to make a decision regarding the administration of the
25-13 psychoactive medication;
25-14 (2) the physician determines that the medication is
25-15 the proper course of treatment for the person;
25-16 (3) the person is subject to an order of commitment as
25-17 a sexually violent predator under Section 841.064 or a petition
25-18 for that commitment has been filed under Section 841.041; and
25-19 (4) the person, verbally or by other indication,
25-20 refuses to take the medication voluntarily.
25-21 (b) An application filed under this section must state:
25-22 (1) that the physician believes that the person lacks
25-23 the capacity to make a decision regarding administration of the
25-24 psychoactive medication and the reasons for that belief;
25-25 (2) each medication the physician wants the court to
25-26 compel the person to take;
25-27 (3) whether an order of commitment as a sexually
26-1 violent predator has been issued under Section 841.064 or a
26-2 petition for that commitment has been filed under Section 841.041;
26-3 and
26-4 (4) the physician's diagnosis of the person.
26-5 (c) An application filed under this section is separate from
26-6 a petition for commitment as a sexually violent predator.
26-7 Sec. 841.145. RIGHTS OF PERSON. A person for whom an
26-8 application for an order to authorize the administration of a
26-9 psychoactive medication is filed is entitled to:
26-10 (1) representation by a court-appointed attorney who
26-11 is knowledgeable about issues to be adjudicated at the hearing;
26-12 (2) meet with that attorney as soon as is practicable
26-13 to prepare for the hearing and to discuss any of the person's
26-14 questions or concerns;
26-15 (3) receive, immediately after the hearing is set, a
26-16 copy of the application and written notice of the time, place, and
26-17 date of the hearing;
26-18 (4) be told, at the time personal notice of the
26-19 hearing is given, of the person's right to a hearing and right to
26-20 the assistance of an attorney to prepare for the hearing and to
26-21 answer any questions or concerns;
26-22 (5) be present at the hearing;
26-23 (6) request from the court an independent expert; and
26-24 (7) oral notification, at the conclusion of the
26-25 hearing, of the court's determinations of the person's capacity and
26-26 best interests.
26-27 Sec. 841.146. HEARING ON PERSON'S CAPACITY AND ORDER
27-1 AUTHORIZING PSYCHOACTIVE MEDICATION. (a) The court may issue an
27-2 order authorizing the administration of one or more classes of
27-3 psychoactive medication only if the court finds by clear and
27-4 convincing evidence after the hearing that:
27-5 (1) the person is subject to an order of commitment as
27-6 a sexually violent predator under Section 841.064 or a petition for
27-7 that commitment has been filed under Section 841.041;
27-8 (2) the person lacks the capacity to make a decision
27-9 regarding the administration of the proposed medication; and
27-10 (3) treatment with the proposed medication is in the
27-11 best interest of the person.
27-12 (b) In making its findings, the court shall consider:
27-13 (1) the person's expressed preferences regarding
27-14 treatment with psychoactive medication;
27-15 (2) the person's religious beliefs;
27-16 (3) the risks and benefits to the person of taking
27-17 psychoactive medication;
27-18 (4) the consequences to the person if the psychoactive
27-19 medication is not administered;
27-20 (5) the prognosis for the person if the person is
27-21 treated with psychoactive medication; and
27-22 (6) alternatives to treatment with psychoactive
27-23 medication.
27-24 (c) A hearing under this subchapter shall be conducted on
27-25 the record by the probate judge or judge with probate jurisdiction,
27-26 except as provided by Subsection (d).
27-27 (d) A judge may refer a hearing to a magistrate or
28-1 court-appointed master who has training regarding psychoactive
28-2 medications. The magistrate or master may give the notice, set
28-3 hearing dates, and appoint attorneys as required in this
28-4 subchapter. A record is not required if the hearing is held by a
28-5 magistrate or court-appointed master.
28-6 (e) A party is entitled to a hearing de novo by the judge if
28-7 an appeal of the magistrate's or master's report is filed with the
28-8 court within three days after the date the report is issued. The
28-9 hearing shall be held within 30 days of the date of the filing of
28-10 the application for an order to authorize psychoactive medication.
28-11 (f) If a hearing or an appeal of a master's or magistrate's
28-12 report is to be held in a county court in which the judge is not a
28-13 licensed attorney, the person or the person's attorney may request
28-14 that the proceeding be transferred to a court in which the judge is
28-15 licensed to practice law in this state. The county judge shall
28-16 transfer the case after receiving the request, and the receiving
28-17 court shall hear the case as if it had been originally filed in
28-18 that court.
28-19 (g) As soon as practicable after the conclusion of the
28-20 hearing, the person is entitled to have provided to the person and
28-21 the person's attorney written notification of the court's
28-22 determinations under this section. The notification must include a
28-23 statement of the evidence on which the court relied and the reasons
28-24 for the court's determinations.
28-25 (h) An order entered under this section may authorize the
28-26 administration to a person, regardless of the person's refusal, of
28-27 one or more classes of psychoactive medications specified in the
29-1 application and consistent with the person's diagnosis. The order
29-2 may permit an increase or decrease in a medication's dosage, the
29-3 restitution of medication authorized but discontinued during the
29-4 period the order is valid, or the substitution of a medication
29-5 within the same class.
29-6 (i) The classes of psychoactive medications in the order
29-7 must conform to classes determined by the department.
29-8 (j) An order issued under this section may be reauthorized
29-9 or modified on the petition of a party. The order remains in
29-10 effect pending action on a petition for reauthorization or
29-11 modification. A modification of an order may change a class of
29-12 medication authorized in the order.
29-13 Sec. 841.147. COSTS. The costs for hearings under this
29-14 subchapter shall be paid by the probate court or court with probate
29-15 jurisdiction in which the application is filed.
29-16 Sec. 841.148. APPEAL. (a) A person may appeal an order
29-17 under this subchapter.
29-18 (b) An order under this subchapter is effective pending an
29-19 appeal of the order.
29-20 Sec. 841.149. EFFECT OF ORDER. (a) A person's consent to
29-21 take a psychoactive medication is not valid and may not be relied
29-22 on if the person is subject to an order issued under Section
29-23 841.146.
29-24 (b) The issuance of an order under Section 841.146 is not a
29-25 determination or adjudication of mental incompetency and does not
29-26 limit in any other respect that person's rights as a citizen or the
29-27 person's property rights or legal capacity.
30-1 Sec. 841.150. EXPIRATION OF ORDER. An order issued under
30-2 Section 841.146 expires on the expiration or termination date of
30-3 the order of commitment as a sexually violent predator.
30-4 (Sections 841.151-841.160 reserved for expansion
30-5 SUBCHAPTER I. MISCELLANEOUS PROVISIONS
30-6 Sec. 841.161. RULEMAKING AUTHORITY. (a) The board by rule
30-7 shall administer this chapter. Rules adopted by the board under
30-8 this section must be consistent with the purposes of this chapter.
30-9 (b) The board by rule shall define for persons committed
30-10 under this chapter appropriate rights based on individualized risk
30-11 assessments of those persons.
30-12 Sec. 841.162. RELEASE OR EXCHANGE OF INFORMATION. (a) To
30-13 protect the public and to enable a determination of whether a
30-14 person is a sexually violent predator, any entity that possesses
30-15 relevant information relating to a person's predator status shall
30-16 release the information to an entity charged with determining that
30-17 status, regardless of whether the information is otherwise
30-18 confidential and regardless of when the information was created or
30-19 collected.
30-20 (b) To protect the public and to enable the provision of
30-21 control, care, and treatment to a sexually violent predator, any
30-22 entity that possesses relevant information relating to a person's
30-23 predator status shall release the information to the department,
30-24 regardless of whether the information is otherwise confidential and
30-25 regardless of when the information was created or collected.
30-26 (c) On the written request of any attorney for another state
30-27 or political subdivision, the Texas Department of Criminal Justice,
31-1 the department, a service provider contracting with one of those
31-2 agencies, the multidisciplinary team, and the attorney representing
31-3 the state shall release to the attorney any available information
31-4 regarding a person that is sought in connection with an attempt to
31-5 civilly commit the person as a sexually violent predator in another
31-6 state.
31-7 (d) To facilitate and encourage the effective control, care,
31-8 and treatment of a person and to protect the public, the Texas
31-9 Department of Criminal Justice, the department, a service provider
31-10 contracting with one of those agencies, the multidisciplinary team,
31-11 and the attorney representing the state may exchange any available
31-12 information regarding the person.
31-13 (e) Information subject to release or exchange under this
31-14 section includes information relating to the care, treatment,
31-15 criminal history, or physical or mental health of the person, as
31-16 appropriate. The person's consent is not required for release or
31-17 exchange of information under this section.
31-18 Sec. 841.163. REPORT, RECORD, OR STATEMENT SUBMITTED TO
31-19 COURT. (a) A psychological report, drug and alcohol report,
31-20 treatment record, report of the diagnostic center, medical record,
31-21 or victim impact statement submitted to the court under this
31-22 chapter is part of the record of the court.
31-23 (b) Notwithstanding Subsection (a), the report, record, or
31-24 statement must be sealed and may be opened only on order of the
31-25 judge or as provided by this chapter.
31-26 Sec. 841.164. CONSTITUTIONAL REQUIREMENTS FOR CARE AND
31-27 TREATMENT. The detention or commitment of a person under this
32-1 chapter must conform to constitutional requirements for care and
32-2 treatment.
32-3 Sec. 841.165. COUNSEL. (a) At all stages of the civil
32-4 commitment proceedings under this chapter, a detained or committed
32-5 person is entitled to the assistance of counsel.
32-6 (b) If the person is indigent, the court shall appoint
32-7 counsel to assist the person.
32-8 Sec. 841.166. EXPERT. (a) A person who is examined under
32-9 this chapter may retain an expert to perform an examination or
32-10 participate in a civil commitment proceeding on the person's
32-11 behalf.
32-12 (b) On the request of an indigent person examined under this
32-13 chapter, the judge shall determine whether expert services for the
32-14 person are necessary. If the judge determines that the services
32-15 are necessary, the judge shall appoint an expert to perform an
32-16 examination or participate in a civil commitment proceeding on the
32-17 person's behalf.
32-18 (c) The court shall approve reasonable compensation for
32-19 expert services rendered on behalf of an indigent person on the
32-20 filing of a certified compensation claim supported by a written
32-21 statement specifying:
32-22 (1) time expended on behalf of the person;
32-23 (2) services rendered on behalf of the person;
32-24 (3) expenses incurred on behalf of the person; and
32-25 (4) compensation received in the same case or for the
32-26 same services from any other source.
32-27 (d) The court shall ensure that an expert retained or
33-1 appointed under this section has for purposes of examination
33-2 reasonable access to a person examined under this chapter, as well
33-3 as to all relevant medical and psychological records and reports.
33-4 Sec. 841.167. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
33-5 COSTS. (a) On request, a person subject to a civil commitment
33-6 proceeding under this chapter and the attorney representing the
33-7 state are entitled to a jury trial or a hearing before a jury for
33-8 that proceeding.
33-9 (b) A civil commitment proceeding is subject to the rules of
33-10 procedure and appeal for civil cases.
33-11 (c) Except as provided by Subchapter H, the state shall pay
33-12 the costs of a civil commitment proceeding conducted under this
33-13 chapter.
33-14 Sec. 841.168. IMMUNITY. The following persons are immune
33-15 from liability for good faith conduct under this chapter:
33-16 (1) an employee or officer of the department or of the
33-17 Texas Department of Criminal Justice;
33-18 (2) a member of the multidisciplinary team established
33-19 under Section 841.022;
33-20 (3) the attorney representing the state; and
33-21 (4) a person contracting, appointed, or volunteering
33-22 to perform a service under this chapter.
33-23 SECTION 2. Sections 51.13(a) and (b), Family Code, are
33-24 amended to read as follows:
33-25 (a) Except as provided by Subsection (d), an order of
33-26 adjudication or disposition in a proceeding under this title is not
33-27 a conviction of crime. Except as provided by Chapter 841, Health
34-1 and Safety Code, an order of adjudication or disposition [, and]
34-2 does not impose any civil disability ordinarily resulting from a
34-3 conviction or operate to disqualify the child in any civil service
34-4 application or appointment.
34-5 (b) The adjudication or disposition of a child or evidence
34-6 adduced in a hearing under this title may be used only in
34-7 subsequent:
34-8 (1) proceedings under this title in which the child is
34-9 a party;
34-10 (2) [or in subsequent] sentencing proceedings in
34-11 criminal court against the child to the extent permitted by the
34-12 Texas Code of Criminal Procedure, 1965; or
34-13 (3) civil commitment proceedings under Chapter 841,
34-14 Health and Safety Code.
34-15 SECTION 3. Section 494.008(a), Government Code, is amended
34-16 to read as follows:
34-17 (a) The director of the institutional division or the
34-18 director's designee may authorize employees of the institutional
34-19 division to transport inmates and to apprehend escapees from any
34-20 division of the department. The director or the director's
34-21 designee may also authorize those employees to transport and to
34-22 apprehend persons subject to civil commitment proceedings under
34-23 Chapter 841, Health and Safety Code. An employee acting under
34-24 authority granted by the director has the same powers and duties as
34-25 a peace officer under the laws of this state, except that the
34-26 employee may not act without receiving express orders from the
34-27 director or the director's designee, and may exercise those powers
35-1 and perform those duties throughout the state but only during duty
35-2 hours.
35-3 SECTION 4. Section 250.001(3), Health and Safety Code, is
35-4 amended to read as follows:
35-5 (3) "Facility" means:
35-6 (A) a nursing home, custodial care home, or
35-7 other institution licensed by the Texas Department of Human
35-8 Services under Chapter 242;
35-9 (B) a personal care facility licensed by the
35-10 Texas Department of Human Services under Chapter 247;
35-11 (C) a home health agency licensed by the Texas
35-12 Department of Health under Chapter 142;
35-13 (D) an adult day care facility or adult day
35-14 health care facility licensed by the Texas Department of Human
35-15 Services under Chapter 103, Human Resources Code;
35-16 (E) a facility for persons with mental
35-17 retardation licensed or certified by the Texas Department of Human
35-18 Services;
35-19 (F) an unlicensed attendant care agency that
35-20 contracts with the Texas Department of Human Services;
35-21 (G) an intermediate care facility for persons
35-22 with mental retardation that is certified by the Texas Department
35-23 of Human Services to participate in the Medicaid program under
35-24 Title XIX of the Social Security Act (42 U.S.C. Section 1396 et
35-25 seq.);
35-26 (H) an adult foster care provider that contracts
35-27 with the Texas Department of Human Services; [or]
36-1 (I) a facility that provides mental health
36-2 services and that is operated by or contracts with the Texas
36-3 Department of Mental Health and Mental Retardation; or
36-4 (J) a facility established under Chapter 841
36-5 that provides control, care, and treatment to sexually violent
36-6 predators and that is operated by or contracts with the Texas
36-7 Department of Mental Health and Mental Retardation or the Texas
36-8 Department of Criminal Justice.
36-9 SECTION 5. Chapter 321, Health and Safety Code, is amended
36-10 by adding Section 321.005 to read as follows:
36-11 Sec. 321.005. APPLICATION OF CHAPTER. This chapter does
36-12 not:
36-13 (1) apply to the special commitment center established
36-14 for sexually violent predators under Chapter 841; or
36-15 (2) waive an immunity defense that is otherwise
36-16 available under that chapter.
36-17 SECTION 6. Subchapter D, Chapter 533, Health and Safety
36-18 Code, is amended by adding Section 533.0851 to read as follows:
36-19 Sec. 533.0851. FACILITIES FOR PREDATOR CARE. (a)
36-20 Contingent on the agreement of the governing board of the
36-21 department and the governing board of the Texas Department of
36-22 Criminal Justice, the department may transfer a part of Rusk State
36-23 Hospital to the Texas Department of Criminal Justice for the
36-24 confinement of sexually violent predators under Chapter 841.
36-25 (b) In this section, "transfer" means to convey title to,
36-26 lease, or otherwise convey the beneficial use of facilities,
36-27 equipment, and land appurtenant to the facilities.
37-1 SECTION 7. (a) Except as provided by Subsection (b), the
37-2 change in law made by this Act applies only to an individual who on
37-3 or after the effective date of this Act is serving a sentence in
37-4 the Texas Department of Criminal Justice or is committed to the
37-5 Texas Department of Mental Health and Mental Retardation for an
37-6 offense committed before, on, or after the effective date of this
37-7 Act.
37-8 (b) The change in law made by this Act applies only to
37-9 delinquent conduct that occurs on or after January 1, 1996.
37-10 Conduct violating a penal law of this state occurs on or after
37-11 January 1, 1996, if every element of the violation occurs on or
37-12 after that date. Conduct that occurs before January 1, 1996, is
37-13 covered by the law in effect at the time the conduct occurred, and
37-14 the former law is continued in effect for that purpose.
37-15 SECTION 8. This Act takes effect September 1, 1999.
37-16 SECTION 9. The importance of this legislation and the
37-17 crowded condition of the calendars in both houses create an
37-18 emergency and an imperative public necessity that the
37-19 constitutional rule requiring bills to be read on three several
37-20 days in each house be suspended, and this rule is hereby suspended.