HBA-MSH, EDN H.B. 223 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 223
By: Wise
Corrections
2/19/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, a parole panel is not required to order sex offenders to
submit to a professional evaluation to determine the likelihood that they
will commit another sexual offense upon release.   Attorneys representing
the state in the prosecution of a sex offender are not required to provide
any written comments on the circumstances relating to the commission of the
offense.  Access to such information would help a parole panel in making a
decision to release or retain a sex offender.  Also, the Texas Department
of Criminal Justice (TDCJ) is not required to notify the victims of certain
sexual offenses of the release of or escape of the person serving a
sentence for the offense, as is currently required for other offenses such
as stalking and family violence.  House Bill 223 requires sex offenders to
submit to evaluation prior to a parole panel hearing, requires attorneys
representing the state in the prosecution of a sex offender to provide
written comments relating to the offense committed to TDCJ, and requires
TDCJ to notify victims of the release or escape of a sex offender. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 223 amends the Government Code to provide that before a parole
panel considers certain sex offenders for release on parole, the inmate is
required to submit to an evaluation by an individual or organization that
provides sex offender treatment or counseling for the purpose of
determining whether the inmate if released would pose a threat to public
safety. 

The bill further requires an attorney representing the state in the
prosecution of an inmate serving a sentence for such an offense to provide
written comments to the Texas Department of Criminal Justice (TDCJ) on the
circumstances related to the commission of the offense and other
information determined by the attorney to be relevant to any subsequent
parole decisions regarding the inmate.  The bill places a minimum period of
not less than three years on the existing requirement as a condition of
parole or mandatory supervision that the releasee, whose victim was a
child, attend psychological counseling sessions for sex offenders with an
individual or organization that provides sex offender treatment or
counseling as specified by the parole officer supervising the releasee
after release. 

The bill also amends the Code of Criminal Procedure to require TDCJ or a
sheriff, whichever has custody of the inmate serving a sentence for the
aforementioned offenses, to notify the victim of the offense and local law
enforcement officials in the county in which the victim resides of the
inmates's completion of sentence and release or escape from a correctional
facility.  

EFFECTIVE DATE

September 1, 2001.