SRC-BWC C.S.S.B. 1206 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1206
77R10037 GWK-FBy: Jackson
Criminal Justice
3-3/23/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

C.S.S.B. 1206 is intended to clean-up language from S.B. 1650 which was
enacted by the 76th Legislature.  C.S.S.B. 1206 clarifies and codifies
existing law regarding the risk assessment program and establishes an
immunity provision for county employees and officers.  This bill also
switches the numbers assigned to risk levels to be consistent with other
states and changes language to thoroughly describe each risk level. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subsections (a) and (c), Article 62.03, Code of Criminal
Procedure, to require the Texas Department of Criminal Justice (TDCJ) or
the Texas Youth Commission (TYC), rather than the risk assessment review
committee, to determine a person's level of risk to the community using the
sex offender screening tool developed or selected under Article 62.035 and
assign to the person a numeric risk level of one, two, or three, before the
person who will be subject to registration under this chapter is due to be
released from a penal institution.  Requires an official of the penal
institution, before releasing the person, to inform the person of certain
information.  Deletes text regarding the sending of a risk level notice.
Makes a conforming change.  

SECTION 2.  Amends Article 62.035, Code of Criminal Procedure, to provide
that the risk assessment review committee (committee) functions in an
oversight capacity.  Requires the committee to perform certain actions.
Requires the committee, in developing or selecting a sex offender screening
tool, to use or select a screening tool that may be adapted to use the
following general guidelines: 

 _level one (low):  a designated range, rather than number, of points on
the sex offender screening tool indicating that the person poses a low
danger to the community and will not likely engage in criminal sexual
conduct; 

 _level two (moderate):  a designated range of points on the sex offender
screening tool indicating that the person poses a moderate, rather than
serious, danger to the community and may, rather than will, continue to
engage in criminal sexual conduct; 

 _level three (high):  a designated range of points on the sex offender
screening tool indicating that the person poses a serious danger to the
community and will continue to engage in criminal sexual conduct. 

Authorizes the committee, TDCJ, TYC, or a court to override a risk level
only under certain circumstances.  Provides that, notwithstanding Chapter
58 (Records; Juvenile Justice Information System), Family Code, records and
files, including records that have been sealed under Section 58.003 of that
code, relating to a person for whom a court, TDCJ, or the TYC is required
under this article to  determine a level of risk, is required to be
released to the court, TDCJ, or TYC, as appropriate, for the purpose of
determining the person's risk level.   Provides that Chapter 551 (Open
Meetings), Government Code, does not apply to a meeting of the committee.
Deletes text regarding assigning a numeric risk level to a person.  Makes a
conforming change. 

SECTION 3.  Amends Subsections (d) and (f), Article 62.04, Code of Criminal
Procedure, to delete text regarding the reassigning of a numeric risk level
based on certain criteria.  Makes a conforming change.   

SECTION 4.  Amends Subsections (a) and (d), Article 62.045, Code of
Criminal Procedure, to require the Department of Public Safety (DPS), if a
person is assigned a numeric risk level of three, rather than one, to
provide written notice mailed or delivered to at least each residential
address within a one-mile radius, in an area that has not been subdivided,
or a three-block area, in an area that has been subdivided, of the place
where the person intends to reside.  Makes a conforming change. 

SECTION 5.  Amends Chapter 62, Code of Criminal Procedure, by adding
Article 62.091, as follows: 

Art. 62.091.  GENERAL IMMUNITY.  Provides that the following persons are
immune from liability for good faith conduct under this chapter:     

  _an employee or officer of TDCJ, TYC, TJPC, or DPS;

  _an employee or officer of a community supervision and corrections
department or a juvenile probation department; and  

  _a member of the judiciary.

SECTION 6.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1 and 2.  Differs from As Filed version by deleting the Texas
Juvenile Probation Commission from the list of entities required to verify
a person's level of risk to the community before being released from a
penal institution. 

SECTION 2.  Adds text regarding the releasing of records and files, sealed
or unsealed, of a person set to be released from a penal institution, to
the court, department, or commission.   

SECTION 5.  Adds an employee or officer in the "juvenile probation
department" to the list of persons who are immune from liability.