1-1 By: Shapiro, et al. S.B. No. 29
1-2 (In the Senate - Filed November 9, 1998; January 26, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 29 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the civil commitment of sexually violent predators;
1-11 providing a penalty.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. The Health and Safety Code is amended by adding
1-14 Title 11 to read as follows:
1-15 TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-16 CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
1-17 SUBCHAPTER A. GENERAL PROVISIONS
1-18 Sec. 841.001. LEGISLATIVE FINDINGS. The legislature finds
1-19 that a small but extremely dangerous group of sexually violent
1-20 predators exists. The legislature finds that a sexually violent
1-21 predator does not have a mental illness, disease, or condition that
1-22 renders the predator appropriate for commitment under Subtitle C,
1-23 Title 7, because that law is primarily intended to provide
1-24 short-term treatment to a person with a serious mental disorder and
1-25 then return that person to the community. In contrast to a person
1-26 who is appropriate for involuntary commitment under Subtitle C,
1-27 Title 7, a sexually violent predator generally has a behavioral
1-28 abnormality that is not amenable to existing mental illness
1-29 treatment modalities and that makes the predator likely to engage
1-30 in sexually violent behavior. The legislature finds that a
1-31 sexually violent predator is highly likely to engage in repeat acts
1-32 of predatory sexual violence. The existing involuntary commitment
1-33 provisions of Subtitle C, Title 7, are inadequate to address the
1-34 risk that a sexually violent predator poses to society. The
1-35 legislature also finds that the prognosis for curing a sexually
1-36 violent predator is poor, and research is vitally important to the
1-37 improvement of the efficacy of treatment. The legislature also
1-38 finds that the treatment needs of the population of sexually
1-39 violent predators are long-term, and the treatment modalities for
1-40 that population are different from the traditional treatment
1-41 modalities for persons appropriate for involuntary commitment under
1-42 Subtitle C, Title 7. The legislature further finds that a civil
1-43 commitment procedure for the long-term control, care, and treatment
1-44 of sexually violent predators is necessary.
1-45 Sec. 841.002. DEFINITIONS. In this chapter:
1-46 (1) "Attorney representing the state" means an
1-47 attorney employed by the prison prosecution unit to prosecute civil
1-48 commitment proceedings under this chapter.
1-49 (2) "Behavioral abnormality" means a congenital or
1-50 acquired condition that, by affecting a person's emotional or
1-51 volitional capacity, predisposes the person to commit a sexually
1-52 violent offense, to the extent that the person becomes a menace to
1-53 the health and safety of another person.
1-54 (3) "Board" means the Texas Board of Mental Health and
1-55 Mental Retardation.
1-56 (4) "Commissioner" means the commissioner of the
1-57 department or a designee of the commissioner of the department.
1-58 (5) "Department" means the Texas Department of Mental
1-59 Health and Mental Retardation.
1-60 (6) "Predatory act" means an act that is committed for
1-61 the purpose of victimization and that is directed toward:
1-62 (A) a stranger;
1-63 (B) a person of casual acquaintance with whom no
1-64 substantial relationship exists; or
2-1 (C) a person with whom a relationship has been
2-2 established or promoted for the purpose of victimization.
2-3 (7) "Repeat sexually violent offender" has the meaning
2-4 assigned by Section 841.003.
2-5 (8) "Secure correctional facility" means a county jail
2-6 or a confinement facility operated by or under contract with any
2-7 division of the Texas Department of Criminal Justice.
2-8 (9) "Sexually violent offense" means:
2-9 (A) an offense under Section 21.11(a)(1),
2-10 22.011, or 22.021, Penal Code;
2-11 (B) an offense under Section 20.04(a)(4), Penal
2-12 Code, if the defendant committed the offense with the intent to
2-13 violate or abuse the victim sexually;
2-14 (C) an offense under Section 30.02, Penal Code,
2-15 if the offense is punishable under Subsection (d) of that section
2-16 and the defendant committed the offense with the intent to commit
2-17 an offense listed in Paragraph (A) or (B);
2-18 (D) an attempt, conspiracy, or solicitation, as
2-19 defined by Chapter 15, Penal Code, to commit an offense listed in
2-20 Paragraph (A), (B), or (C);
2-21 (E) an offense under prior state law that
2-22 contains elements substantially similar to the elements of an
2-23 offense listed in Paragraph (A), (B), (C), or (D); or
2-24 (F) an offense under the law of another state,
2-25 federal law, or the Uniform Code of Military Justice that contains
2-26 elements substantially similar to the elements of an offense listed
2-27 in Paragraph (A), (B), (C), or (D).
2-28 (10) "Sexually violent predator" has the meaning
2-29 assigned by Section 841.003.
2-30 (11) "Special commitment center" means the facility
2-31 operated pursuant to an interagency contract between the department
2-32 and the Texas Department of Criminal Justice for the purpose of
2-33 confining sexually violent predators.
2-34 Sec. 841.003. SEXUALLY VIOLENT PREDATOR. (a) A person is a
2-35 sexually violent predator for the purposes of this chapter if the
2-36 person:
2-37 (1) is a repeat sexually violent offender; and
2-38 (2) suffers from a behavioral abnormality that makes
2-39 the person likely to engage in a predatory act of sexual violence
2-40 if the person is not confined in the special commitment center.
2-41 (b) A person is a repeat sexually violent offender for the
2-42 purposes of this chapter if the person is convicted of more than
2-43 one sexually violent offense and a sentence is imposed for at least
2-44 one of the offenses or if:
2-45 (1) the person:
2-46 (A) is convicted of a sexually violent offense,
2-47 regardless of whether the sentence for the offense was ever imposed
2-48 or whether the sentence was probated and the person was
2-49 subsequently discharged from community supervision;
2-50 (B) enters a plea of guilty or nolo contendere
2-51 for a sexually violent offense in return for a grant of deferred
2-52 adjudication;
2-53 (C) is adjudged not guilty by reason of insanity
2-54 of a sexually violent offense; or
2-55 (D) is adjudicated by a juvenile court as having
2-56 engaged in delinquent conduct constituting a sexually violent
2-57 offense and is committed to the Texas Youth Commission under
2-58 Section 54.04(d)(3) or (m), Family Code; and
2-59 (2) after the date on which under Subdivision (1) the
2-60 person is convicted, receives a grant of deferred adjudication, is
2-61 adjudged not guilty by reason of insanity, or is adjudicated by a
2-62 juvenile court as having engaged in delinquent conduct, the person
2-63 commits a sexually violent offense for which the person:
2-64 (A) is convicted, but only if the sentence for
2-65 the offense is imposed; or
2-66 (B) is adjudged not guilty by reason of
2-67 insanity.
2-68 Sec. 841.004. PRISON PROSECUTION UNIT. A special division
2-69 of the prison prosecution unit, separate from that part of the unit
3-1 responsible for prosecuting criminal cases, is responsible for
3-2 prosecuting civil commitment proceedings under this chapter.
3-3 Sec. 841.005. APPLICATION OF CHAPTER. This chapter does
3-4 not:
3-5 (1) prohibit a person committed under this chapter
3-6 from filing at any time a petition for discharge or a petition for
3-7 conditional release to a less restrictive alternative under this
3-8 chapter; or
3-9 (2) create for the committed person a cause of action
3-10 against another person for failure to give notice within a period
3-11 required by Subchapter B.
3-12 (Sections 841.006-841.020 reserved for expansion
3-13 SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR;
3-14 INITIAL DETERMINATIONS
3-15 Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before the
3-16 person's anticipated release date, the Texas Department of Criminal
3-17 Justice shall give to the multidisciplinary team established under
3-18 Section 841.022 written notice of the anticipated release of a
3-19 person who:
3-20 (1) is serving a sentence for a sexually violent
3-21 offense; and
3-22 (2) appears to be a repeat sexually violent offender.
3-23 (b) Before the person's anticipated discharge date, the
3-24 department shall give to the multidisciplinary team established
3-25 under Section 841.022 written notice of the anticipated discharge
3-26 of a person who:
3-27 (1) is committed to the department after having been
3-28 adjudged not guilty by reason of insanity of a sexually violent
3-29 offense; and
3-30 (2) appears to be a repeat sexually violent offender.
3-31 (c) The Texas Department of Criminal Justice or the
3-32 department, as appropriate, shall attempt to give the notice
3-33 described by Subsection (a) or (b) not later than the 120th day
3-34 before the person's anticipated release or discharge date, but in
3-35 no event may that agency give the notice after the anticipated
3-36 release or discharge date. The notice must contain the following
3-37 information:
3-38 (1) the person's name, identifying factors,
3-39 anticipated residence after release or discharge, and criminal
3-40 history; and
3-41 (2) documentation of the person's institutional
3-42 adjustment and actual treatment.
3-43 Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
3-44 director of the Texas Department of Criminal Justice and the
3-45 commissioner jointly shall establish a multidisciplinary team to
3-46 review available records of a person referred to the team under
3-47 Section 841.021. The team must include:
3-48 (1) two persons from the department;
3-49 (2) three persons from the Texas Department of
3-50 Criminal Justice, one of whom must be from the victim services
3-51 office of that department;
3-52 (3) one person from the Department of Public Safety of
3-53 the State of Texas; and
3-54 (4) one person from the Interagency Council on Sex
3-55 Offender Treatment.
3-56 (b) The multidisciplinary team may request the assistance of
3-57 other persons in making a determination under this section.
3-58 (c) Not later than the 30th day after the date the
3-59 multidisciplinary team receives notice under Section 841.021(a) or
3-60 (b), the team shall:
3-61 (1) determine whether the person is a repeat sexually
3-62 violent offender;
3-63 (2) give notice of that determination to the Texas
3-64 Department of Criminal Justice or the department, as appropriate;
3-65 and
3-66 (3) refer the person to the special commitment center
3-67 for examination, if the team determines that the person is a repeat
3-68 sexually violent offender.
3-69 Sec. 841.023. SPECIAL COMMITMENT CENTER. (a) The Texas
4-1 Department of Criminal Justice or the department, as appropriate,
4-2 may transfer to the special commitment center a person referred to
4-3 the center under Section 841.022(c).
4-4 (b) The special commitment center shall determine whether
4-5 the person is a sexually violent predator not later than the 30th
4-6 day after the date of a referral under Section 841.022(c). To aid
4-7 in this determination, the center shall designate an expert to
4-8 examine the person. The expert shall make a clinical assessment
4-9 based on testing for psychopathy, a clinical interview, and other
4-10 appropriate assessments and techniques to determine whether the
4-11 person suffers from a behavioral abnormality that makes the person
4-12 likely to engage in a predatory act of sexual violence if the
4-13 person is not confined in the special commitment center.
4-14 (c) If the special commitment center determines that the
4-15 person is a sexually violent predator, the commissioner shall give
4-16 notice of that determination and provide corresponding
4-17 documentation to the attorney representing the state not later than
4-18 the 30th day after the date of a referral under Section 841.022(c).
4-19 (d) If the special commitment center determines that the
4-20 person is not a sexually violent predator, the commissioner shall
4-21 give notice of that determination to the Texas Department of
4-22 Criminal Justice or the department, as appropriate, not later than
4-23 the 30th day after the date of a referral under Section 841.022(c).
4-24 The Texas Department of Criminal Justice shall transport the person
4-25 to a secure correctional facility or the department shall transport
4-26 the person to a state hospital, as appropriate. The subsequent
4-27 release of the person from the Texas Department of Criminal Justice
4-28 or discharge from the state hospital, as appropriate, shall occur
4-29 in the same manner as if the person had never been referred to the
4-30 special commitment center.
4-31 (Sections 841.024-841.040 reserved for expansion
4-32 SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS
4-33 Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If
4-34 the attorney representing the state determines that a person
4-35 referred to the attorney under Section 841.023 is a sexually
4-36 violent predator, the attorney may file, in a Smith County district
4-37 court other than a family district court, a petition alleging that
4-38 the person is a sexually violent predator and stating facts
4-39 sufficient to support the allegation.
4-40 (b) The attorney representing the state shall attempt to
4-41 file the petition not later than the 15th day before the
4-42 anticipated release or discharge date of the referred person, but
4-43 in no event may the attorney file the petition later than the 60th
4-44 day after the date the person is referred to the attorney.
4-45 Sec. 841.042. PROBABLE CAUSE DETERMINATION. (a) On the
4-46 filing of a petition under Section 841.041, the judge shall
4-47 determine whether probable cause exists to believe that the person
4-48 named in the petition is a sexually violent predator.
4-49 (b) If probable cause is determined to exist, the judge
4-50 shall direct that the person be taken into custody and detained at
4-51 the special commitment center.
4-52 Sec. 841.043. HEARING. (a) Within 72 hours after a person
4-53 is detained under Section 841.042, the attorney representing the
4-54 state shall give the detained person notice of a hearing to contest
4-55 probable cause as to whether the person is a sexually violent
4-56 predator.
4-57 (b) Not later than the seventh day after the date the
4-58 detained person receives notice under Subsection (a), the judge
4-59 shall conduct the hearing. At the hearing, the judge shall:
4-60 (1) verify the person's identity; and
4-61 (2) determine whether probable cause exists to believe
4-62 that the person is a sexually violent predator.
4-63 (c) The attorney representing the state may rely on the
4-64 petition and supplement the petition with documentary evidence or
4-65 live testimony.
4-66 (d) The rights of the detained person include the following:
4-67 (1) the right to appear at the hearing;
4-68 (2) the right to present evidence on the person's
4-69 behalf;
5-1 (3) the right to cross-examine a witness who testifies
5-2 against the person; and
5-3 (4) the right to view and copy all petitions and
5-4 reports in the court file.
5-5 (Sections 841.044-841.060 reserved for expansion
5-6 SUBCHAPTER D. TRIAL
5-7 Sec. 841.061. TRIAL. (a) Not later than the 60th day after
5-8 the completion date of a hearing conducted under Section 841.043,
5-9 the judge shall conduct a trial to determine whether the detained
5-10 person is a sexually violent predator.
5-11 (b) The detained person or the state is entitled to a jury
5-12 trial on demand. A demand for a jury trial must be filed in
5-13 writing not later than the 10th day before the date the trial is
5-14 scheduled to begin.
5-15 (c) The number and selection of jurors is governed by
5-16 Chapter 33, Code of Criminal Procedure.
5-17 Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The
5-18 judge or jury shall determine whether, beyond a reasonable doubt,
5-19 the detained person is a sexually violent predator. Either the
5-20 state or the person is entitled to appeal the determination.
5-21 (b) A jury determination that the person is a sexually
5-22 violent predator must be by unanimous verdict.
5-23 Sec. 841.063. TRANSFER AFTER TRIAL. Unless the judge or
5-24 jury determines that the detained person is a sexually violent
5-25 predator, the judge shall direct the person's transfer to a secure
5-26 correctional facility for subsequent release or to a state hospital
5-27 for subsequent discharge, as appropriate.
5-28 Sec. 841.064. COMMITMENT OF PREDATOR. (a) If the judge or
5-29 jury determines that the detained person is a sexually violent
5-30 predator, the judge shall commit the person to the custody of the
5-31 commissioner for control, care, and treatment at the special
5-32 commitment center until the person's behavioral abnormality has
5-33 changed to the extent that:
5-34 (1) the person is no longer likely to engage in a
5-35 predatory act of sexual violence on discharge from the special
5-36 commitment center; or
5-37 (2) it is safe to conditionally release the person to
5-38 a less restrictive alternative.
5-39 (b) The department shall enter into an interagency contract
5-40 with the Texas Department of Criminal Justice for the confinement
5-41 of a person committed under this section. The Texas Department of
5-42 Criminal Justice shall house or contract for the housing of persons
5-43 committed under this section separately from inmates in the custody
5-44 of the Texas Department of Criminal Justice. The Texas Department
5-45 of Criminal Justice or other housing provider shall segregate those
5-46 persons from those inmates at all times, except for occasional
5-47 instances of necessary, supervised incidental contact. The Texas
5-48 Department of Criminal Justice may not house for any period of time
5-49 in a mental health facility, state school, or community center a
5-50 person committed under this section, whether pursuant to a contract
5-51 with the department or to other authority.
5-52 (c) The department shall provide or contract for the
5-53 provision of care and treatment to a person committed under this
5-54 section.
5-55 (d) Proceeds from the sale of timber from the land on which
5-56 the special commitment center is located may be spent only for the
5-57 purpose of operating the special commitment center.
5-58 (e) In this section:
5-59 (1) "Community center" means a center established
5-60 under Subchapter A, Chapter 534.
5-61 (2) "Mental health facility" has the meaning assigned
5-62 by Section 571.003.
5-63 (3) "State school" has the meaning assigned by Section
5-64 531.002.
5-65 Sec. 841.065. CONTINUANCE. The judge may continue a trial
5-66 conducted under Section 841.061 if the detained person is not
5-67 substantially prejudiced by the continuance and:
5-68 (1) on the request of either party and a showing of
5-69 good cause; or
6-1 (2) on the judge's own motion in the due
6-2 administration of justice.
6-3 Sec. 841.066. MISTRIAL. (a) On a mistrial, the judge shall
6-4 direct the detained person's continued detention at the special
6-5 commitment center until another trial is conducted.
6-6 (b) A trial following a mistrial must begin not later than
6-7 the 90th day after the date a mistrial was declared in the previous
6-8 trial, unless the later trial is continued as provided by Section
6-9 841.065.
6-10 (Sections 841.067-841.080 reserved for expansion
6-11 SUBCHAPTER E. COMMITMENT REVIEW
6-12 Sec. 841.081. BIENNIAL EXAMINATION. (a) A person committed
6-13 under Section 841.064 shall receive a biennial examination.
6-14 (b) In preparation for a judicial review conducted under
6-15 Section 841.082, the commissioner shall provide a report of the
6-16 biennial examination to the judge who committed the person under
6-17 Section 841.064. The report shall include consideration of whether
6-18 conditional release to a less restrictive alternative is in the
6-19 best interest of the person and will protect the community.
6-20 Sec. 841.082. BIENNIAL REVIEW. (a) The judge shall conduct
6-21 a biennial review of the status of the committed person.
6-22 (b) The person is entitled to be represented by counsel at
6-23 the biennial review, but the person is not entitled to be present
6-24 at that review.
6-25 (c) The judge shall set a hearing if the judge determines at
6-26 the biennial review that probable cause exists to believe that the
6-27 person's behavioral abnormality has changed to the extent that:
6-28 (1) the person is no longer likely to engage in a
6-29 predatory act of sexual violence on discharge from the special
6-30 commitment center; or
6-31 (2) it is safe to conditionally release the person to
6-32 a less restrictive alternative.
6-33 Sec. 841.083. HEARING. (a) At a hearing set by the judge
6-34 under Section 841.082, the committed person is entitled to be
6-35 present and to have the benefit of all constitutional protections
6-36 provided to the person at the initial civil commitment proceeding.
6-37 (b) The state is entitled to have the hearing conducted
6-38 before a jury and to choose an expert to examine the person.
6-39 (c) The burden of proof at the hearing is on the state to
6-40 prove beyond a reasonable doubt that the person's behavioral
6-41 abnormality has not changed to the extent that:
6-42 (1) the person is no longer likely to engage in a
6-43 predatory act of sexual violence on discharge from the special
6-44 commitment center; or
6-45 (2) it is safe to conditionally release the person to
6-46 a less restrictive alternative.
6-47 (Sections 841.084-841.100 reserved for expansion
6-48 SUBCHAPTER F. PETITIONS FOR DISCHARGE OR CONDITIONAL
6-49 RELEASE TO LESS RESTRICTIVE ALTERNATIVE
6-50 Sec. 841.101. AUTHORIZED PETITIONS FOR DISCHARGE OR
6-51 CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. (a) If the
6-52 commissioner determines that the committed person's behavioral
6-53 abnormality has changed to the extent that the person is no longer
6-54 likely to engage in a predatory act of sexual violence on discharge
6-55 from the special commitment center, the commissioner shall
6-56 authorize the person to petition the court for discharge or, at the
6-57 person's discretion, for conditional release to a less restrictive
6-58 alternative. If the commissioner determines that the committed
6-59 person's behavioral abnormality has changed to the extent that it
6-60 is safe to conditionally release the person to a less restrictive
6-61 alternative, the commissioner shall authorize the person to
6-62 petition the court for conditional release to a less restrictive
6-63 alternative.
6-64 (b) The petitioner shall serve a petition under this section
6-65 on the court and the attorney representing the state.
6-66 (c) The judge shall order a hearing on a petition under this
6-67 section not later than the 30th day after the date the judge
6-68 receives the petition.
6-69 (d) The state is entitled to choose an expert to examine the
7-1 petitioner.
7-2 (e) On request of the petitioner or the attorney
7-3 representing the state, the court shall conduct the hearing before
7-4 a jury.
7-5 (f) The burden of proof at the hearing is on the state to
7-6 prove beyond a reasonable doubt that the petitioner's behavioral
7-7 abnormality has not changed to the extent that:
7-8 (1) the petitioner is no longer likely to engage in a
7-9 predatory act of sexual violence on discharge from the special
7-10 commitment center; or
7-11 (2) it is safe to conditionally release the person to
7-12 a less restrictive alternative.
7-13 Sec. 841.102. RIGHT TO PETITION FOR DISCHARGE OR CONDITIONAL
7-14 RELEASE TO LESS RESTRICTIVE ALTERNATIVE. On a person's commitment
7-15 and annually after that commitment, the commissioner shall provide
7-16 the person with written notice of the person's right to petition
7-17 the court for discharge or for conditional release to a less
7-18 restrictive alternative without the commissioner's authorization.
7-19 Sec. 841.103. FRIVOLOUS PETITIONS FOR DISCHARGE OR
7-20 CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. (a) On
7-21 receipt of a petition for discharge or a petition for conditional
7-22 release to a less restrictive alternative filed by the committed
7-23 person without the commissioner's authorization, the judge shall
7-24 attempt as soon as practicable to review the petition and determine
7-25 if the petition is based on frivolous grounds. If the petition is
7-26 based on frivolous grounds, the judge shall deny the petition
7-27 without a hearing.
7-28 (b) Except as provided by Subsection (c), the judge shall
7-29 deny without a hearing a petition for discharge or a petition for
7-30 conditional release to a less restrictive alternative filed without
7-31 the commissioner's authorization if:
7-32 (1) the petitioner previously filed without the
7-33 commissioner's authorization another petition for discharge or
7-34 another petition for conditional release to a less restrictive
7-35 alternative;
7-36 (2) the previous petition sought to accomplish the
7-37 same result, discharge or conditional release, as the later
7-38 petition; and
7-39 (3) the judge determined on review of the previous
7-40 petition or following a hearing that:
7-41 (A) the petition was frivolous; or
7-42 (B) the petitioner's behavioral abnormality had
7-43 not changed to the extent that:
7-44 (i) the petitioner was no longer likely to
7-45 engage in a predatory act of sexual violence on discharge from the
7-46 special commitment center, if the petition was a petition for
7-47 discharge; or
7-48 (ii) it was safe to conditionally release
7-49 the person to a less restrictive alternative, if the petition was a
7-50 petition for conditional release to a less restrictive alternative.
7-51 (c) The judge is not required to deny a petition under
7-52 Subsection (b) if the petition contains facts on which a court
7-53 could find that the petitioner's behavioral abnormality had changed
7-54 to the extent that a hearing was warranted.
7-55 (Sections 841.104-841.120 reserved for expansion
7-56 SUBCHAPTER G. DISCHARGE OR CONDITIONAL RELEASE
7-57 TO LESS RESTRICTIVE ALTERNATIVE
7-58 Sec. 841.121. NOTICE OF DISCHARGE OR CONDITIONAL RELEASE TO
7-59 LESS RESTRICTIVE ALTERNATIVE. (a) Before the committed person is
7-60 discharged or conditionally released to a less restrictive
7-61 alternative, the commissioner shall give written notice of the
7-62 discharge or conditional release to the victim, a guardian of the
7-63 victim, or, if the victim is deceased, a close relative of the
7-64 deceased victim.
7-65 (b) Failure to notify under this section:
7-66 (1) is not a reason to postpone discharge or
7-67 conditional release; and
7-68 (2) does not create a cause of action against the
7-69 state or a state employee acting within the scope of employment.
8-1 (c) In this section, "close relative of a deceased victim,"
8-2 "guardian of a victim," and "victim" have the meanings assigned by
8-3 Article 56.01, Code of Criminal Procedure.
8-4 Sec. 841.122. CONDITIONAL RELEASE TO LESS RESTRICTIVE
8-5 ALTERNATIVE. (a) The department shall provide or contract for the
8-6 provision of treatment to a person who is conditionally released to
8-7 a less restrictive alternative under this chapter.
8-8 (b) The department shall enter into an interagency agreement
8-9 with the Texas Department of Criminal Justice for any necessary
8-10 supervision of a person who is conditionally released to a less
8-11 restrictive alternative under this chapter. The Texas Department
8-12 of Criminal Justice shall provide or contract for the provision of
8-13 the supervision to the person. The provision of supervision under
8-14 this subchapter may include the provision of supervised housing to
8-15 a person.
8-16 (c) A service provider other than the department or the
8-17 Texas Department of Criminal Justice may provide a service to a
8-18 person under this chapter only if the service provider agrees in
8-19 writing to provide the service.
8-20 Sec. 841.123. CONDITIONAL RELEASE TO LESS RESTRICTIVE
8-21 ALTERNATIVE; COURT ORDER. (a) The judge shall enter an order
8-22 directing a person's conditional release to a less restrictive
8-23 alternative if the judge determines that:
8-24 (1) the conditional release is in the best interest of
8-25 the person and will protect the community;
8-26 (2) the less restrictive alternative is available and
8-27 adequately funded;
8-28 (3) the person will be treated by a qualified
8-29 treatment provider who:
8-30 (A) has presented to the court a specific course
8-31 of treatment and has agreed to assume responsibility for that
8-32 course of treatment; and
8-33 (B) will regularly report treatment progress and
8-34 will immediately report a violation of treatment requirements to
8-35 the Texas Department of Criminal Justice;
8-36 (4) any proposed supervision is sufficient to protect
8-37 the community;
8-38 (5) any proposed supervision provider has agreed:
8-39 (A) to provide the supervision at the level of
8-40 security required by the judge; and
8-41 (B) for a provider other than the Texas
8-42 Department of Criminal Justice, to report the person's failure to
8-43 comply with supervision requirements immediately to that
8-44 department;
8-45 (6) the conditions described by Subsection (b) are
8-46 sufficient to ensure the person's compliance with treatment and to
8-47 protect the community; and
8-48 (7) the person is willing to comply with:
8-49 (A) the treatment requirements and any necessary
8-50 supervision requirements imposed by service providers; and
8-51 (B) the conditions imposed by the judge under
8-52 Subsection (b).
8-53 (b) Before entering an order directing a person's
8-54 conditional release to a less restrictive alternative, the judge
8-55 shall impose on the person conditions necessary to ensure the
8-56 person's compliance with treatment and to protect the community.
8-57 The conditions may include:
8-58 (1) requiring the person to reside in a particular
8-59 location;
8-60 (2) prohibiting the person's contact with a victim or
8-61 potential victim of the person;
8-62 (3) prohibiting the person's use of alcohol or a
8-63 controlled substance;
8-64 (4) requiring the person's participation in a specific
8-65 course of treatment;
8-66 (5) requiring the person to submit to a particular
8-67 type of supervision;
8-68 (6) prohibiting the person from leaving the state
8-69 without prior authorization from the judge; and
9-1 (7) any other conditions determined necessary by the
9-2 judge.
9-3 (c) The Texas Department of Criminal Justice and the
9-4 department on the order of the court shall examine the less
9-5 restrictive alternative proposed by the judge and recommend to the
9-6 judge any additional conditions necessary to ensure the person's
9-7 compliance with treatment and to protect the community.
9-8 (d) The judge shall provide to the person and to the service
9-9 providers a copy of the conditions imposed under Subsection (b).
9-10 (e) A proposed course of treatment may include the
9-11 monitoring of a conditionally released person with a polygraph or
9-12 plethysmograph.
9-13 (f) If the judge does not enter an order directing a
9-14 person's conditional release to a less restrictive alternative, the
9-15 judge shall remand the person to the custody of the commissioner
9-16 for control, care, and treatment at the special commitment center,
9-17 subject to subsequent discharge or conditional release in
9-18 accordance with this chapter.
9-19 Sec. 841.124. CONDITIONAL RELEASE TO LESS RESTRICTIVE
9-20 ALTERNATIVE; TREATMENT REPORT. A treatment provider shall submit,
9-21 as frequently as directed by the Texas Department of Criminal
9-22 Justice, a report to that department stating whether the person is
9-23 complying with treatment requirements.
9-24 Sec. 841.125. CONDITIONAL RELEASE TO LESS RESTRICTIVE
9-25 ALTERNATIVE; REVIEW. (a) A judge who conditionally releases a
9-26 person under Section 841.123 shall conduct an annual review of the
9-27 person's status. The judge may conduct the review more frequently
9-28 on the judge's own motion or on the motion of the person or the
9-29 attorney representing the state. On review, the judge shall
9-30 determine whether to rescind or modify the person's conditional
9-31 release or whether to release the person from all requirements of
9-32 this chapter.
9-33 (b) On a reasonable belief that a conditionally released
9-34 person is not complying with a condition of release, needs
9-35 additional control, care, or treatment, or poses an immediate risk
9-36 to public safety, the Texas Department of Criminal Justice, the
9-37 department, the attorney representing the state, or the judge who
9-38 conditionally released the person may cause the person to be taken
9-39 into custody and detained at the special commitment center until a
9-40 hearing can be scheduled to determine whether to rescind or modify
9-41 the person's conditional release. If a person other than the judge
9-42 causes a detention under this subsection, the person shall notify
9-43 the judge of the detention before the close of the next judicial
9-44 day.
9-45 (c) On the conditionally released person's detention at the
9-46 special commitment center and on request of either party, the
9-47 person and the attorney representing the state are entitled to an
9-48 immediate examination of the person. A conditionally released
9-49 indigent person is entitled to expert services as approved by the
9-50 judge under Section 841.166.
9-51 (d) The judge, on ordering the person's detention or on
9-52 receiving notice of that detention, promptly shall schedule a
9-53 hearing. Hearsay evidence is admissible at the hearing if it is
9-54 considered otherwise reliable by the judge. At the hearing, the
9-55 judge shall determine:
9-56 (1) whether the state has proven beyond a reasonable
9-57 doubt that the conditionally released person failed to comply with
9-58 a condition of release;
9-59 (2) whether the person's conditional release should
9-60 continue on the same or modified conditions; and
9-61 (3) whether to rescind the person's conditional
9-62 release and remand the person to the custody of the commissioner
9-63 for control, care, and treatment at the special commitment center,
9-64 subject to subsequent discharge or conditional release in
9-65 accordance with this chapter.
9-66 Sec. 841.126. DEPARTMENTAL CERTIFICATE OR COURT ORDER
9-67 DIRECTING RETURN TO SPECIAL COMMITMENT CENTER. (a) By issuing a
9-68 certificate directing the return, the department may cause a person
9-69 to be taken into custody and returned to the special commitment
10-1 center if the department reasonably believes that the person:
10-2 (1) is absent without authority from the center;
10-3 (2) has violated a condition of release to a less
10-4 restrictive alternative; or
10-5 (3) poses an immediate risk to public safety.
10-6 (b) If the department issues a certificate under this
10-7 section, the judge may enter an order directing a peace officer to
10-8 take the person into custody and to return the person to the
10-9 special commitment center as soon as possible.
10-10 (c) On direction by a departmental certificate or court
10-11 order under this section, a peace officer shall take the person
10-12 into custody and return the person to the special commitment center
10-13 as soon as possible. The certificate or order need not be in the
10-14 officer's possession at the time the officer acts under this
10-15 subsection.
10-16 (d) A person commits an offense if the person is absent
10-17 without authority from the special commitment center or if the
10-18 person violates a condition of release to a less restrictive
10-19 alternative. An offense under this subsection is a felony of the
10-20 third degree.
10-21 (Sections 841.127-841.140 reserved for expansion
10-22 SUBCHAPTER H. ADMINISTRATION OF MEDICATIONS
10-23 Sec. 841.141. DEFINITIONS. In this subchapter:
10-24 (1) "Capacity" means a person's ability to:
10-25 (A) understand the nature and consequences of a
10-26 proposed treatment, including the benefits and risks of and
10-27 alternatives to the proposed treatment; and
10-28 (B) make a decision whether to undergo the
10-29 proposed treatment.
10-30 (2) "Medication-related emergency" means a situation
10-31 in which it is immediately necessary to administer medication to a
10-32 person to prevent:
10-33 (A) imminent probable death or substantial
10-34 bodily harm to the person because the person:
10-35 (i) overtly or continually is threatening
10-36 or attempting to commit suicide or serious bodily harm; or
10-37 (ii) is behaving in a manner that
10-38 indicates that the person is unable to satisfy the person's need
10-39 for nourishment, essential medical care, or self-protection; or
10-40 (B) imminent physical or emotional harm to
10-41 another because of threats, attempts, or other acts the person
10-42 overtly or continually makes or commits.
10-43 (3) "Psychoactive medication" means a medication that
10-44 is prescribed for the treatment of symptoms of psychosis or other
10-45 severe mental or emotional disorders and that is used to exercise
10-46 an effect on the central nervous system to influence and modify
10-47 behavior, cognition, or affective state when treating the symptoms
10-48 of mental illness. The term includes the following categories of
10-49 medications:
10-50 (A) antipsychotics or neuroleptics;
10-51 (B) antidepressants;
10-52 (C) agents for control of mania or depression;
10-53 (D) antianxiety agents;
10-54 (E) sedatives, hypnotics, or other
10-55 sleep-promoting drugs; and
10-56 (F) psychomotor stimulants.
10-57 Sec. 841.142. APPLICATION OF SUBCHAPTER. This subchapter
10-58 applies only to the application of psychoactive medication to a
10-59 person:
10-60 (1) who is subject to an order of commitment as a
10-61 sexually violent predator under Section 841.064; or
10-62 (2) for whom a petition for that commitment has been
10-63 filed under Section 841.041.
10-64 Sec. 841.143. ADMINISTRATION OF MEDICATION TO PERSON. A
10-65 person may not administer a psychoactive medication to a person who
10-66 refuses to take the medication voluntarily unless:
10-67 (1) the person is having a medication-related
10-68 emergency; or
10-69 (2) the person is under an order issued under Section
11-1 841.146 authorizing the administration of the medication regardless
11-2 of the person's refusal.
11-3 Sec. 841.144. PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE
11-4 PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a) A physician who is
11-5 treating a person may, on behalf of the state, file an application
11-6 in a probate court or a court with probate jurisdiction for an
11-7 order to authorize the administration of a psychoactive medication
11-8 regardless of the person's refusal if:
11-9 (1) the physician believes that the person lacks the
11-10 capacity to make a decision regarding the administration of the
11-11 psychoactive medication;
11-12 (2) the physician determines that the medication is
11-13 the proper course of treatment for the person;
11-14 (3) the person is subject to an order of commitment as
11-15 a sexually violent predator under Section 841.064 or a petition for
11-16 that commitment has been filed under Section 841.041; and
11-17 (4) the person, verbally or by other indication,
11-18 refuses to take the medication voluntarily.
11-19 (b) An application filed under this section must state:
11-20 (1) that the physician believes that the person lacks
11-21 the capacity to make a decision regarding administration of the
11-22 psychoactive medication and the reasons for that belief;
11-23 (2) each medication the physician wants the court to
11-24 compel the person to take;
11-25 (3) whether an order of commitment as a sexually
11-26 violent predator has been issued under Section 841.064 or a
11-27 petition for that commitment has been filed under Section 841.041;
11-28 and
11-29 (4) the physician's diagnosis of the person.
11-30 (c) An application filed under this section is separate from
11-31 a petition for commitment as a sexually violent predator.
11-32 Sec. 841.145. RIGHTS OF PERSON. A person for whom an
11-33 application for an order to authorize the administration of a
11-34 psychoactive medication is filed is entitled to:
11-35 (1) representation by a court-appointed attorney who
11-36 is knowledgeable about issues to be adjudicated at the hearing;
11-37 (2) meet with that attorney as soon as is practicable
11-38 to prepare for the hearing and to discuss any of the person's
11-39 questions or concerns;
11-40 (3) receive, immediately after the hearing is set, a
11-41 copy of the application and written notice of the time, place, and
11-42 date of the hearing;
11-43 (4) be told, at the time personal notice of the
11-44 hearing is given, of the person's right to a hearing and right to
11-45 the assistance of an attorney to prepare for the hearing and to
11-46 answer any questions or concerns;
11-47 (5) be present at the hearing;
11-48 (6) request from the court an independent expert; and
11-49 (7) oral notification, at the conclusion of the
11-50 hearing, of the court's determinations of the person's capacity and
11-51 best interests.
11-52 Sec. 841.146. HEARING ON PERSON'S CAPACITY AND ORDER
11-53 AUTHORIZING PSYCHOACTIVE MEDICATION. (a) The court may issue an
11-54 order authorizing the administration of one or more classes of
11-55 psychoactive medication only if the court finds by clear and
11-56 convincing evidence after the hearing that:
11-57 (1) the person is subject to an order of commitment as
11-58 a sexually violent predator under Section 841.064 or a petition for
11-59 that commitment has been filed under Section 841.041;
11-60 (2) the person lacks the capacity to make a decision
11-61 regarding the administration of the proposed medication; and
11-62 (3) treatment with the proposed medication is in the
11-63 best interest of the person.
11-64 (b) In making its findings, the court shall consider:
11-65 (1) the person's expressed preferences regarding
11-66 treatment with psychoactive medication;
11-67 (2) the person's religious beliefs;
11-68 (3) the risks and benefits to the person of taking
11-69 psychoactive medication;
12-1 (4) the consequences to the person if the psychoactive
12-2 medication is not administered;
12-3 (5) the prognosis for the person if the person is
12-4 treated with psychoactive medication; and
12-5 (6) alternatives to treatment with psychoactive
12-6 medication.
12-7 (c) A hearing under this subchapter shall be conducted on
12-8 the record by the probate judge or judge with probate jurisdiction,
12-9 except as provided by Subsection (d).
12-10 (d) A judge may refer a hearing to a magistrate or
12-11 court-appointed master who has training regarding psychoactive
12-12 medications. The magistrate or master may give the notice, set
12-13 hearing dates, and appoint attorneys as required in this
12-14 subchapter. A record is not required if the hearing is held by a
12-15 magistrate or court-appointed master.
12-16 (e) A party is entitled to a hearing de novo by the judge if
12-17 an appeal of the magistrate's or master's report is filed with the
12-18 court within three days after the date the report is issued. The
12-19 hearing shall be held within 30 days of the date of the filing of
12-20 the application for an order to authorize psychoactive medication.
12-21 (f) If a hearing or an appeal of a master's or magistrate's
12-22 report is to be held in a county court in which the judge is not a
12-23 licensed attorney, the person or the person's attorney may request
12-24 that the proceeding be transferred to a court in which the judge is
12-25 licensed to practice law in this state. The county judge shall
12-26 transfer the case after receiving the request, and the receiving
12-27 court shall hear the case as if it had been originally filed in
12-28 that court.
12-29 (g) As soon as practicable after the conclusion of the
12-30 hearing, the person is entitled to have provided to the person and
12-31 the person's attorney written notification of the court's
12-32 determinations under this section. The notification must include a
12-33 statement of the evidence on which the court relied and the reasons
12-34 for the court's determinations.
12-35 (h) An order entered under this section may authorize the
12-36 administration to a person, regardless of the person's refusal, of
12-37 one or more classes of psychoactive medications specified in the
12-38 application and consistent with the person's diagnosis. The order
12-39 may permit an increase or decrease in a medication's dosage, the
12-40 restitution of medication authorized but discontinued during the
12-41 period the order is valid, or the substitution of a medication
12-42 within the same class.
12-43 (i) The classes of psychoactive medications in the order
12-44 must conform to classes determined by the department.
12-45 (j) An order issued under this section may be reauthorized
12-46 or modified on the petition of a party. The order remains in
12-47 effect pending action on a petition for reauthorization or
12-48 modification. A modification of an order may change a class of
12-49 medication authorized in the order.
12-50 Sec. 841.147. COSTS. The costs for hearings under this
12-51 subchapter shall be paid by the probate court or court with probate
12-52 jurisdiction in which the application is filed.
12-53 Sec. 841.148. APPEAL. (a) A person may appeal an order
12-54 under this subchapter.
12-55 (b) An order under this subchapter is effective pending an
12-56 appeal of the order.
12-57 Sec. 841.149. EFFECT OF ORDER. (a) A person's consent to
12-58 take a psychoactive medication is not valid and may not be relied
12-59 on if the person is subject to an order issued under Section
12-60 841.146.
12-61 (b) The issuance of an order under Section 841.146 is not a
12-62 determination or adjudication of mental incompetency and does not
12-63 limit in any other respect that person's rights as a citizen or the
12-64 person's property rights or legal capacity.
12-65 Sec. 841.150. EXPIRATION OF ORDER. An order issued under
12-66 Section 841.146 expires on the expiration or termination date of
12-67 the order of commitment as a sexually violent predator.
12-68 (Sections 841.151-841.160 reserved for expansion
13-1 SUBCHAPTER I. MISCELLANEOUS PROVISIONS
13-2 Sec. 841.161. RULEMAKING AUTHORITY. (a) The board by rule
13-3 shall administer this chapter. Rules adopted by the board under
13-4 this section must be consistent with the purposes of this chapter.
13-5 (b) The board by rule shall define for persons committed
13-6 under this chapter appropriate rights based on individualized risk
13-7 assessments of those persons.
13-8 Sec. 841.162. RELEASE OR EXCHANGE OF INFORMATION. (a) To
13-9 protect the public and to enable a determination relating to
13-10 whether a person is a sexually violent predator, any entity that
13-11 possesses relevant information relating to the person shall release
13-12 the information to an entity charged with making a determination
13-13 under this chapter.
13-14 (b) To protect the public and to enable the provision of
13-15 control, care, and treatment to a person who is a sexually violent
13-16 predator, any entity that possesses relevant information relating
13-17 to the person shall release the information to the department.
13-18 (c) On the written request of any attorney for another state
13-19 or a political subdivision in another state, the Texas Department
13-20 of Criminal Justice, the department, a service provider contracting
13-21 with one of those agencies, the multidisciplinary team, and the
13-22 attorney representing the state shall release to the attorney any
13-23 available information relating to a person that is sought in
13-24 connection with an attempt to civilly commit the person as a
13-25 sexually violent predator in another state.
13-26 (d) To protect the public and to enable a determination
13-27 relating to whether a person is a sexually violent predator or to
13-28 enable the provision of control, care, and treatment to a person
13-29 who is a sexually violent predator, the Texas Department of
13-30 Criminal Justice, the department, a service provider contracting
13-31 with one of those agencies, the multidisciplinary team, and the
13-32 attorney representing the state may exchange any available
13-33 information relating to the person.
13-34 (e) Information subject to release or exchange under this
13-35 section includes information relating to the care, treatment,
13-36 criminal history, or physical or mental health of the person, as
13-37 appropriate, regardless of whether the information is otherwise
13-38 confidential and regardless of when the information was created or
13-39 collected. The person's consent is not required for release or
13-40 exchange of information under this section.
13-41 Sec. 841.163. REPORT, RECORD, OR STATEMENT SUBMITTED TO
13-42 COURT. (a) A psychological report, drug and alcohol report,
13-43 treatment record, report of the diagnostic center, medical record,
13-44 or victim impact statement submitted to the court under this
13-45 chapter is part of the record of the court.
13-46 (b) Notwithstanding Subsection (a), the report, record, or
13-47 statement must be sealed and may be opened only:
13-48 (1) on order of the judge;
13-49 (2) as provided by this chapter; or
13-50 (3) in connection with a criminal proceeding as
13-51 otherwise provided by law.
13-52 Sec. 841.164. CONSTITUTIONAL REQUIREMENTS FOR CARE AND
13-53 TREATMENT. The detention or commitment of a person under this
13-54 chapter must conform to constitutional requirements for care and
13-55 treatment.
13-56 Sec. 841.165. COUNSEL. (a) At all stages of the civil
13-57 commitment proceedings under this chapter, a detained or committed
13-58 person is entitled to the assistance of counsel.
13-59 (b) If the person is indigent, the court shall appoint
13-60 counsel to assist the person.
13-61 Sec. 841.166. EXPERT. (a) A person who is examined under
13-62 this chapter may retain an expert to perform an examination or
13-63 participate in a civil commitment proceeding on the person's
13-64 behalf.
13-65 (b) On the request of an indigent person examined under this
13-66 chapter, the judge shall determine whether expert services for the
13-67 person are necessary. If the judge determines that the services
13-68 are necessary, the judge shall appoint an expert to perform an
13-69 examination or participate in a civil commitment proceeding on the
14-1 person's behalf.
14-2 (c) The court shall approve reasonable compensation for
14-3 expert services rendered on behalf of an indigent person on the
14-4 filing of a certified compensation claim supported by a written
14-5 statement specifying:
14-6 (1) time expended on behalf of the person;
14-7 (2) services rendered on behalf of the person;
14-8 (3) expenses incurred on behalf of the person; and
14-9 (4) compensation received in the same case or for the
14-10 same services from any other source.
14-11 (d) The court shall ensure that an expert retained or
14-12 appointed under this section has for purposes of examination
14-13 reasonable access to a person examined under this chapter, as well
14-14 as to all relevant medical and psychological records and reports.
14-15 Sec. 841.167. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND
14-16 COSTS. (a) On request, a person subject to a civil commitment
14-17 proceeding under this chapter and the attorney representing the
14-18 state are entitled to a jury trial or a hearing before a jury for
14-19 that proceeding.
14-20 (b) A civil commitment proceeding is subject to the rules of
14-21 procedure and appeal for civil cases.
14-22 (c) Except as provided by Subchapter H, the state shall pay
14-23 the costs of a civil commitment proceeding conducted under this
14-24 chapter.
14-25 Sec. 841.168. IMMUNITY. The following persons are immune
14-26 from liability for good faith conduct under this chapter:
14-27 (1) an employee or officer of the department or of the
14-28 Texas Department of Criminal Justice;
14-29 (2) a member of the multidisciplinary team established
14-30 under Section 841.022;
14-31 (3) the attorney representing the state; and
14-32 (4) a person contracting, appointed, or volunteering
14-33 to perform a service under this chapter.
14-34 SECTION 2. Subsections (a) and (b), Section 51.13, Family
14-35 Code, are amended to read as follows:
14-36 (a) Except as provided by Subsection (d), an order of
14-37 adjudication or disposition in a proceeding under this title is not
14-38 a conviction of crime. Except as provided by Chapter 841, Health
14-39 and Safety Code, an order of adjudication or disposition[, and]
14-40 does not impose any civil disability ordinarily resulting from a
14-41 conviction or operate to disqualify the child in any civil service
14-42 application or appointment.
14-43 (b) The adjudication or disposition of a child or evidence
14-44 adduced in a hearing under this title may be used only in
14-45 subsequent:
14-46 (1) proceedings under this title in which the child is
14-47 a party;
14-48 (2) [or in subsequent] sentencing proceedings in
14-49 criminal court against the child to the extent permitted by the
14-50 Texas Code of Criminal Procedure, 1965; or
14-51 (3) civil commitment proceedings under Chapter 841,
14-52 Health and Safety Code.
14-53 SECTION 3. Subsection (a), Section 494.008, Government Code,
14-54 is amended to read as follows:
14-55 (a) The director of the institutional division or the
14-56 director's designee may authorize employees of the institutional
14-57 division to transport inmates and to apprehend escapees from any
14-58 division of the department. The director or the director's
14-59 designee may also authorize those employees to transport and to
14-60 apprehend persons subject to civil commitment proceedings under
14-61 Chapter 841, Health and Safety Code. An employee acting under
14-62 authority granted by the director has the same powers and duties as
14-63 a peace officer under the laws of this state, except that the
14-64 employee may not act without receiving express orders from the
14-65 director or the director's designee, and may exercise those powers
14-66 and perform those duties throughout the state but only during duty
14-67 hours.
14-68 SECTION 4. Subdivision (3), Section 250.001, Health and
14-69 Safety Code, is amended to read as follows:
15-1 (3) "Facility" means:
15-2 (A) a nursing home, custodial care home, or
15-3 other institution licensed by the Texas Department of Human
15-4 Services under Chapter 242;
15-5 (B) a personal care facility licensed by the
15-6 Texas Department of Human Services under Chapter 247;
15-7 (C) a home health agency licensed by the Texas
15-8 Department of Health under Chapter 142;
15-9 (D) an adult day care facility or adult day
15-10 health care facility licensed by the Texas Department of Human
15-11 Services under Chapter 103, Human Resources Code;
15-12 (E) a facility for persons with mental
15-13 retardation licensed or certified by the Texas Department of Human
15-14 Services;
15-15 (F) an unlicensed attendant care agency that
15-16 contracts with the Texas Department of Human Services;
15-17 (G) an intermediate care facility for persons
15-18 with mental retardation that is certified by the Texas Department
15-19 of Human Services to participate in the Medicaid program under
15-20 Title XIX of the Social Security Act (42 U.S.C. Section 1396 et
15-21 seq.);
15-22 (H) an adult foster care provider that contracts
15-23 with the Texas Department of Human Services; [or]
15-24 (I) a facility that provides mental health
15-25 services and that is operated by or contracts with the Texas
15-26 Department of Mental Health and Mental Retardation; or
15-27 (J) a facility established under Chapter 841
15-28 that provides control, care, and treatment to sexually violent
15-29 predators and that is operated pursuant to an interagency contract
15-30 between the Texas Department of Mental Health and Mental
15-31 Retardation and the Texas Department of Criminal Justice.
15-32 SECTION 5. Chapter 321, Health and Safety Code, is amended
15-33 by adding Section 321.005 to read as follows:
15-34 Sec. 321.005. APPLICATION OF CHAPTER. This chapter does
15-35 not:
15-36 (1) apply to the special commitment center established
15-37 for sexually violent predators under Chapter 841; or
15-38 (2) waive an immunity defense that is otherwise
15-39 available under that chapter.
15-40 SECTION 6. Section 61.066, Human Resources Code, is amended
15-41 to read as follows:
15-42 Sec. 61.066. COMMITMENT RECORDS. A commitment to the
15-43 commission may not be received in evidence or used in any way in
15-44 any proceedings in any court except in:
15-45 (1) subsequent proceedings under Title 3[,] of the
15-46 Family Code against the same child;
15-47 (2) [, and except in] imposing sentence in any
15-48 criminal proceedings against the same person; or
15-49 (3) subsequent civil commitment proceedings under
15-50 Chapter 841, Health and Safety Code, regarding the same person.
15-51 SECTION 7. Title 11, Health and Safety Code, as added by
15-52 this Act, applies only to an individual who on or after September
15-53 1, 2000, is serving a sentence in the Texas Department of Criminal
15-54 Justice or is committed to the Texas Department of Mental Health
15-55 and Mental Retardation for an offense committed before, on, or
15-56 after the effective date of this Act.
15-57 SECTION 8. This Act takes effect September 1, 1999.
15-58 SECTION 9. The importance of this legislation and the
15-59 crowded condition of the calendars in both houses create an
15-60 emergency and an imperative public necessity that the
15-61 constitutional rule requiring bills to be read on three several
15-62 days in each house be suspended, and this rule is hereby suspended.
15-63 * * * * *