1-1 By: Jackson S.B. No. 1206
1-2 (In the Senate - Filed March 7, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1206 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to risk assessment procedures used in the sex offender
1-11 registration program and to duties and immunities for officers and
1-12 employees who administer the program.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsections (a) and (c), Article 62.03, Code of
1-15 Criminal Procedure, are amended to read as follows:
1-16 (a) Before a person who will be subject to registration
1-17 under this chapter is due to be released from a penal institution,
1-18 the Texas Department of Criminal Justice or the Texas Youth
1-19 Commission [risk assessment review committee established under
1-20 Article 62.035] shall determine the person's level of risk to the
1-21 community using the sex offender screening tool developed or
1-22 selected under Article 62.035 and [that article,] assign to the
1-23 person a numeric risk level of one, [or] two, or three [and
1-24 immediately send a written notice of the risk level to the penal
1-25 institution from which the person is due to be released]. Before
1-26 releasing the person [On receiving notice under this subsection],
1-27 an official of the penal institution shall:
1-28 (1) inform the person that:
1-29 (A) not later than the seventh day after the
1-30 date on which the person is released or the date on which the
1-31 person moves from a previous residence to a new residence in this
1-32 state, the person must:
1-33 (i) register or verify registration with
1-34 the local law enforcement authority in the municipality or county
1-35 in which the person intends to reside; or
1-36 (ii) if the person has not moved to an
1-37 intended residence, report to the juvenile probation officer,
1-38 community supervision and corrections department officer, or parole
1-39 officer supervising the person;
1-40 (B) not later than the seventh day before the
1-41 date on which the person moves to a new residence in this state or
1-42 another state, the person must report in person to the local law
1-43 enforcement authority with whom the person last registered and to
1-44 the juvenile probation officer, community supervision and
1-45 corrections department officer, or parole officer supervising the
1-46 person;
1-47 (C) not later than the 10th day after the date
1-48 on which the person arrives in another state in which the person
1-49 intends to reside, the person must register with the law
1-50 enforcement agency that is identified by the department as the
1-51 agency designated by that state to receive registration
1-52 information, if the other state has a registration requirement for
1-53 sex offenders; and
1-54 (D) not later than the 30th day after the date
1-55 on which the person is released, the person must apply to the
1-56 department in person for the issuance of an original or renewal
1-57 driver's license or personal identification certificate and a
1-58 failure to apply to the department as required by this paragraph
1-59 results in the automatic revocation of any driver's license or
1-60 personal identification certificate issued by the department to the
1-61 person;
1-62 (2) require the person to sign a written statement
1-63 that the person was informed of the person's duties as described by
1-64 Subdivision (1) or, if the person refuses to sign the statement,
2-1 certify that the person was so informed;
2-2 (3) obtain the address where the person expects to
2-3 reside on the person's release and other registration information,
2-4 including a photograph and complete set of fingerprints; and
2-5 (4) complete the registration form for the person.
2-6 (c) If a person who is subject to registration under this
2-7 chapter receives an order deferring adjudication, placing the
2-8 person on juvenile probation or community supervision, or imposing
2-9 only a fine, the court pronouncing the order or sentence shall make
2-10 a determination of the person's numeric risk level using the sex
2-11 offender screening tool developed or selected under Article 62.035,
2-12 assign to the person a numeric risk level of one, [or] two, or
2-13 three, and ensure that the prerelease notification and registration
2-14 requirements specified in this article are conducted on the day of
2-15 entering the order or sentencing. If a community supervision and
2-16 corrections department representative is available in court at the
2-17 time a court pronounces a sentence of deferred adjudication or
2-18 community supervision, the representative shall immediately obtain
2-19 the person's numeric risk level from the court and conduct the
2-20 prerelease notification and registration requirements specified in
2-21 this article. In any other case in which the court pronounces a
2-22 sentence under this subsection, the court shall designate another
2-23 appropriate individual to obtain the person's numeric risk level
2-24 from the court and conduct the prerelease notification and
2-25 registration requirements specified in this article.
2-26 SECTION 2. Article 62.035, Code of Criminal Procedure, is
2-27 amended to read as follows:
2-28 Art. 62.035. RISK ASSESSMENT REVIEW COMMITTEE; SEX OFFENDER
2-29 SCREENING TOOL. (a) The Texas Department of Criminal Justice
2-30 shall establish a risk assessment review committee composed of at
2-31 least five members, each of whom is a state employee whose service
2-32 on the review committee is in addition to the employee's regular
2-33 duties. The review committee, to the extent feasible, should
2-34 include at least:
2-35 (1) one member having experience in law enforcement;
2-36 (2) one member having experience working with juvenile
2-37 sex offenders;
2-38 (3) one member having experience as a sex offender
2-39 treatment provider; and
2-40 (4) one member having experience working with victims
2-41 of sex offenses.
2-42 (b) The risk assessment review committee functions in an
2-43 oversight capacity. The committee shall:
2-44 (1) develop or select from among existing tools a sex
2-45 offender screening tool to be used in determining the level of risk
2-46 of a person subject to registration under this chapter;
2-47 (2) ensure that staff are trained on the use of the
2-48 screening tool;
2-49 (3) monitor the use of the screening tool in the
2-50 state; and
2-51 (4) analyze other screening tools as they become
2-52 available and revise or replace the existing screening tool if
2-53 warranted.
2-54 (c) The sex offender screening tool must use an objective
2-55 point system under which a person is assigned a designated number
2-56 of points for each of various factors[, such as the nature of the
2-57 offense for which the person is subject to registration, the age of
2-58 the victim, and the number of occasions on which the person has
2-59 been convicted of or adjudicated for an offense for which a person
2-60 is subject to registration under this chapter]. In developing or
2-61 selecting the sex offender screening tool, the risk assessment
2-62 review committee shall use or shall select a screening tool that
2-63 may be adapted to use the following general guidelines:
2-64 (1) level one (low):[(A)] a designated range [number] of points [or
2-66 higher] on the sex offender screening tool indicating that the
2-67 person poses a low danger to the community and will not likely
2-68 engage in criminal sexual conduct; [and]
2-69 [(B) a basis for concern that the person poses a
3-1 serious danger to the community or will continue to engage in
3-2 criminal sexual conduct;]
3-3 (2) level two (moderate)[, either, but not both, of
3-4 the following]:
3-5 [(A)] a designated range [number] of points [or
3-6 higher] on the sex offender screening tool indicating[; or]
3-7 [(B) a basis for concern] that the person poses
3-8 a moderate [serious] danger to the community and may [or will]
3-9 continue to engage in criminal sexual conduct; and
3-10 (3) level three (high): a designated range of points
3-11 on the sex offender screening tool indicating [no basis for
3-12 concern] that the person poses a serious danger to the community
3-13 and [or] will continue to engage in criminal sexual conduct.
3-14 (d) The risk assessment review committee, the Texas
3-15 Department of Criminal Justice, the Texas Youth Commission, or a
3-16 court may override a risk level only if the entity:
3-17 (1) believes that the risk level assessed is not an
3-18 accurate prediction of the risk the offender poses to the
3-19 community; and
3-20 (2) documents the reason for the override in the
3-21 offender's case file.
3-22 (e) Notwithstanding Chapter 58, Family Code, records and
3-23 files, including records that have been sealed under Section 58.003
3-24 of that code, relating to a person for whom a court, the Texas
3-25 Department of Criminal Justice, or the Texas Youth Commission is
3-26 required under this article to determine a level of risk shall be
3-27 released to the court, department, or commission, as appropriate,
3-28 for the purpose of determining the person's risk level.
3-29 (f) Chapter 551, Government Code, does not apply to a
3-30 meeting of the risk assessment review committee.
3-31 [(c) The risk assessment review committee may assign to a
3-32 person a numeric risk level of three only on receipt of notice
3-33 under Article 62.04 that the person intends to move to a new
3-34 residence in this state and only if:]
3-35 [(1) the person was originally assigned a numeric risk
3-36 level of two under Article 62.03;]
3-37 [(2) the committee considers any information available
3-38 to the committee that was used by the committee or by the court at
3-39 the time of assigning to the person a numeric risk level of two;
3-40 and]
3-41 [(3) the basis on which the person is subject to
3-42 registration is a conviction of or a grant of deferred adjudication
3-43 for an offense under Section 21.11 or Section 22.011(a)(2), Penal
3-44 Code, or an adjudication of delinquent conduct based on a violation
3-45 of one of those offenses, committed against a victim who is of the
3-46 opposite sex of the person and is not more than five years younger
3-47 than the person.]
3-48 SECTION 3. Subsections (d) and (f), Article 62.04, Code of
3-49 Criminal Procedure, are amended to read as follows:
3-50 (d) Not later than the third day after receipt of
3-51 information under Subsection (a) or (b), whichever is earlier, the
3-52 local law enforcement authority shall forward this information to
3-53 the department and, if the person intends to move to another
3-54 municipality or county in this state, to the applicable local law
3-55 enforcement authority in that municipality or county [and, if the
3-56 person meets the criteria described by Article 62.035(c)(3) to be
3-57 reassigned a numeric risk level of three, to the risk assessment
3-58 review committee established under that article. On receipt of
3-59 information under this subsection, the risk assessment review
3-60 committee shall determine whether the person meets the criteria to
3-61 be reassigned a numeric risk level of three, assign to the person a
3-62 numeric risk level of three, if the person meets that criteria, and
3-63 immediately send a written notice of the person's risk level to the
3-64 department and to the local law enforcement authority in the
3-65 municipality or county where the person intends to reside].
3-66 (f) If the person moves to another municipality or county in
3-67 this state, the department shall inform the applicable local law
3-68 enforcement authority in the new area of the person's residence not
3-69 later than the third day after the date on which the department
4-1 receives information under Subsection (a). Not later than the
4-2 eighth day after the date on which the local law enforcement
4-3 authority is informed under Subsection (a) or under this
4-4 subsection, the authority shall verify the age of the victim, the
4-5 age of the person subject to registration, the basis on which the
4-6 person is subject to registration under this chapter, and the
4-7 person's numeric risk level. If the victim is a child younger than
4-8 17 years of age, the basis on which the person is subject to
4-9 registration is not an adjudication of delinquent conduct and is
4-10 not a conviction or a deferred adjudication for an offense under
4-11 Section 25.02, Penal Code, and the person is not assigned a numeric
4-12 risk level of one [three], the authority shall immediately publish
4-13 notice in English and Spanish in the newspaper of greatest paid
4-14 circulation in the county in which the person subject to
4-15 registration intends to reside or, if there is no newspaper of paid
4-16 circulation in that county, in the newspaper of greatest general
4-17 circulation in the county. The local law enforcement authority
4-18 shall publish a duplicate notice in the newspaper, with any
4-19 necessary corrections, during the week immediately following the
4-20 week of initial publication. If the victim is a child younger than
4-21 17 years of age or the person subject to registration is 17 years
4-22 of age or older and a student enrolled in a public or private
4-23 secondary school, regardless of the basis on which the person is
4-24 subject to registration or the person's numeric risk level, the
4-25 authority shall immediately provide notice to the superintendent of
4-26 the public school district and to the administrator of any private
4-27 primary or secondary school located in the public school district
4-28 in which the person subject to registration intends to reside by
4-29 mail to the office of the superintendent or administrator, as
4-30 appropriate. On receipt of a notice under this subsection, the
4-31 superintendent shall release the information contained in the
4-32 notice to appropriate school district personnel, including peace
4-33 officers and security personnel, principals, nurses, and
4-34 counselors.
4-35 SECTION 4. Subsections (a) and (d), Article 62.045, Code of
4-36 Criminal Procedure, are amended to read as follows:
4-37 (a) On receipt of notice under this chapter that a person
4-38 subject to registration is due to be released from a penal
4-39 institution, has been placed on community supervision or juvenile
4-40 probation, or intends to move to a new residence in this state, the
4-41 department shall verify the person's numeric risk level assigned
4-42 under this chapter. If the person is assigned a numeric risk level
4-43 of three [one], the department shall, not later than the seventh
4-44 day after the date on which the person is released or the 10th day
4-45 after the date on which the person moves, provide written notice
4-46 mailed or delivered to at least each residential address within a
4-47 one-mile radius, in an area that has not been subdivided, or a
4-48 three-block area, in an area that has been subdivided, of the place
4-49 where the person intends to reside. In providing written notice
4-50 under this subsection, the department shall use employees of the
4-51 department whose duties in providing the notice are in addition to
4-52 the employees' regular duties.
4-53 (d) On receipt of notice under this chapter that a person
4-54 subject to registration under this chapter is required to register
4-55 or verify registration with a local law enforcement authority and
4-56 has been assigned a numeric risk level of three [one], the local
4-57 law enforcement authority may provide notice to the public in any
4-58 manner determined appropriate by the local law enforcement
4-59 authority, including holding a neighborhood meeting, posting
4-60 notices in the area where the person intends to reside,
4-61 distributing printed notices to area residents, or establishing a
4-62 specialized local website. The local law enforcement authority may
4-63 include in the notice any information that is public information
4-64 under this chapter.
4-65 SECTION 5. Chapter 62, Code of Criminal Procedure, is
4-66 amended by adding Article 62.091 to read as follows:
4-67 Art. 62.091. GENERAL IMMUNITY. The following persons are
4-68 immune from liability for good faith conduct under this chapter:
4-69 (1) an employee or officer of the Texas Department of
5-1 Criminal Justice, the Texas Youth Commission, the Texas Juvenile
5-2 Probation Commission, or the Department of Public Safety;
5-3 (2) an employee or officer of a community supervision
5-4 and corrections department or a juvenile probation department; and
5-5 (3) a member of the judiciary.
5-6 SECTION 6. This Act takes effect September 1, 2001.
5-7 * * * * *