Amend CSSB 871 (house committee report) by adding the
following appropriately numbered SECTIONS to the bill and by
renumbering existing SECTIONS of the bill accordingly:
SECTION ___. Subdivision (4), Section 841.002, Health and
Safety Code, is amended to read as follows:
(4) "Council" means the [Interagency] Council on Sex
Offender Treatment.
SECTION ___. Sections 841.005, 841.006, and 841.007, Health
and Safety Code, are amended to read as follows:
Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS.
(a) Except as provided by Subsection (b), the [The] Office of
State Counsel for Offenders shall represent an indigent [a] person
subject to a civil commitment proceeding under this chapter.
(b) If for any reason the Office of State Counsel for
Offenders is unable to represent an indigent person described by
Subsection (a) at a civil commitment proceeding under this chapter,
the court shall appoint other counsel to represent the indigent
person.
Sec. 841.006. APPLICATION OF CHAPTER. This chapter does
not:
(1) prohibit a person committed under this chapter
from filing at any time a petition for release under this chapter;
or
(2) create for the committed person a cause of action
against another person for failure to give notice within a period
required by Subchapter B, C, or D.
Sec. 841.007. DUTIES OF [INTERAGENCY] COUNCIL ON SEX
OFFENDER TREATMENT. The [Interagency] Council on Sex Offender
Treatment is responsible for providing appropriate and necessary
treatment and supervision through the case management system.
SECTION ___. Section 841.022, Health and Safety Code, is
amended to read as follows:
Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive
director of the Texas Department of Criminal Justice and the
commissioner of the Texas Department of Mental Health and Mental
Retardation jointly shall establish a multidisciplinary team to
review available records of a person referred to the team under
Section 841.021. The team must include:
(1) two persons from the Texas Department of Mental
Health and Mental Retardation;
(2) two [three] persons from the Texas Department of
Criminal Justice, one of whom must be from the victim services
office of that department;
(3) one person from the Texas Department of Public
Safety; and
(4) two persons [one person] from the council or
council personnel.
(b) The multidisciplinary team may request the assistance
of other persons in making an assessment [a determination] under
this section.
(c) Not later than the 60th [30th] day after the date the
multidisciplinary team receives notice under Section 841.021(a) or
(b), the team shall:
(1) assess [determine] whether the person is a repeat
sexually violent offender and whether the person is likely to
commit a sexually violent offense after release or discharge;
(2) give notice of that assessment [determination] to
the Texas Department of Criminal Justice or the Texas Department of
Mental Health and Mental Retardation, as appropriate; and
(3) recommend the assessment of the person for a
behavioral abnormality, as appropriate.
SECTION ___. Section 841.023, Health and Safety Code, is
amended to read as follows:
Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY.
(a) Not later than the 60th [30th] day after the date of a
recommendation under Section 841.022(c), the Texas Department of
Criminal Justice or the Texas Department of Mental Health and
Mental Retardation, as appropriate, shall assess [determine]
whether the person suffers from a behavioral abnormality that makes
the person likely to engage in a predatory act of sexual violence.
To aid in the assessment [determination], the department required
to make the assessment [determination] shall use an expert to
examine the person. That department may contract for the expert
services required by this subsection. The expert shall make a
clinical assessment based on testing for psychopathy, a clinical
interview, and other appropriate assessments and techniques to aid
the department in its assessment [the determination].
(b) If as a result of the assessment the Texas Department of
Criminal Justice or the Texas Department of Mental Health and
Mental Retardation believes [determines] that the person suffers
from a behavioral abnormality, the department making the assessment
[determination] shall give notice of that assessment
[determination] and provide corresponding documentation to the
attorney representing the state not later than the 60th [30th] day
after the date of a recommendation under Section 841.022(c).
SECTION ___. Subsection (b), Section 841.041, Health and
Safety Code, is amended to read as follows:
(b) A petition described by Subsection (a) must be:
(1) filed not later than the 90th [60th] day after the
date the person is referred to the attorney representing the state;
and
(2) served on the person as soon as practicable after
the date the petition is filed.
SECTION ___. Section 841.061, Health and Safety Code, is
amended by amending Subsections (a), (c), and (d) and adding
Subsection (f) to read as follows:
(a) Not later than the 270th [60th] day after the date a
petition is served on the person [filed] under Section 841.041, the
judge shall conduct a trial to determine whether the person is a
sexually violent predator.
(c) The person and the state are each entitled to an
immediate examination of the person by an expert. All components of
the examination must be completed not later than the 90th day before
the date the trial begins.
(d) Additional rights of the person at the trial include the
following:
(1) the right to appear at the trial;
(2) except as provided by Subsection (f), the right to
present evidence on the person's behalf;
(3) the right to cross-examine a witness who testifies
against the person; and
(4) the right to view and copy all petitions and
reports in the court file.
(f) A person who is on trial to determine the person's
status as a sexually violent predator is required to submit to all
expert examinations that are required or permitted of the state to
prepare for the person's trial. A person who fails to submit to
expert examination on the state's behalf as required by this
subsection is subject to the following consequences:
(1) the person's failure to participate may be used as
evidence against the person at trial;
(2) the person may be prohibited from offering into
evidence the results of an expert examination performed on the
person's behalf; and
(3) the person may be subject to contempt proceedings
if the person violates a court order by failing to submit to an
expert examination on the state's behalf.
SECTION ___. Section 841.063, Health and Safety Code, is
amended to read as follows:
Sec. 841.063. CONTINUANCE. The judge may continue a trial
or hearing conducted under this chapter [Section 841.061] if the
person is not substantially prejudiced by the continuance and:
(1) on the request of either party and a showing of
good cause; or
(2) on the judge's own motion in the due administration
of justice.
SECTION ___. Section 841.081, Health and Safety Code, is
amended to read as follows:
Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. (a) If at a
trial conducted under Subchapter D the judge or jury determines
that the person is a sexually violent predator, the judge shall
commit the person for outpatient treatment and supervision to be
coordinated by the case manager. The commitment order is effective
immediately on entry of the order, except that the [The] outpatient
treatment and supervision begins [must begin] on the person's
release from a secure correctional facility or discharge from a
state hospital and continues [must continue] until the person's
behavioral abnormality has changed to the extent that the person is
no longer likely to engage in a predatory act of sexual violence.
(b) At any time after entry of a commitment order under
Subsection (a), the case manager may provide to the person
instruction regarding the requirements associated with the order,
regardless of whether the person is incarcerated at the time of the
instruction.
SECTION ___. Section 841.082, Health and Safety Code, is
amended to read as follows:
Sec. 841.082. COMMITMENT REQUIREMENTS. (a) Before
entering an order directing a person's outpatient civil commitment,
the judge shall impose on the person requirements necessary to
ensure the person's compliance with treatment and supervision and
to protect the community. The requirements shall include:
(1) requiring the person to reside in a particular
location;
(2) prohibiting the person's contact with a victim or
potential victim of the person;
(3) prohibiting the person's use of alcohol or a
controlled substance;
(4) requiring the person's participation in a specific
course of treatment;
(5) requiring the person to submit to tracking under a
particular type of tracking service and to any other appropriate
supervision;
(6) prohibiting the person from changing the person's
residence without prior authorization from the judge and from
leaving the state without that prior authorization;
(7) if determined appropriate by the judge,
establishing a child safety zone in the same manner as a child
safety zone is established by a judge under Section 13B, Article
42.12, Code of Criminal Procedure, and requiring the person to
comply with requirements related to the safety zone;
(8) requiring the person to notify the case manager
immediately but in any event within 24 [48] hours of any change in
the person's status that affects proper treatment and supervision,
including a change in the person's physical health or job status and
including any incarceration of the person; and
(9) any other requirements determined necessary by the
judge.
(b) The judge may request assistance from the council in
determining an appropriate residence for the person.
(c) The judge shall provide a copy of the requirements
imposed under Subsection (a) to the person and to the council. The
council shall provide a copy of those requirements to the case
manager and to the service providers.
(d) [(c)] Immediately after the case becomes final for
purposes of appeal [person's commitment], the judge shall transfer
jurisdiction of the case to a district court, other than a family
district court, having jurisdiction in the county in which the
person [defendant] is residing, except that the judge retains
jurisdiction of the case with respect to a civil commitment
proceeding conducted under Subchapters F and G.
(e) The requirements imposed under Subsection (a) may be
modified at any time after notice to each affected party to the
proceedings and a hearing.
SECTION ___. Subsections (b), (c), and (d), Section
841.083, Health and Safety Code, are amended to read as follows:
(b) The case manager shall provide supervision to the
person. The provision of supervision shall include a tracking
service [services] and, if required by court order, supervised
housing.
(c) The council shall enter into an interagency agreement
with the Texas Department of Public Safety for the provision of a
tracking service [services]. If the equipment necessary to
implement that service is available through a contract entered into
by [The Department of Public Safety shall contract with] the Texas
Building and Procurement [General Services] Commission, the
Department of Public Safety shall acquire that equipment through
that contract [for the equipment necessary to implement those
services].
(d) The council shall enter into an interagency agreement
with the Texas Department of Criminal Justice [contract] for any
necessary supervised housing. The council shall reimburse that
department for housing costs under this section. The committed
person may not be housed for any period of time in a mental health
facility, state school, or community center. In this subsection:
(1) "Community center" means a center established
under Subchapter A, Chapter 534.
(2) "Mental health facility" has the meaning assigned
by Section 571.003.
(3) "State school" has the meaning assigned by Section
531.002.
SECTION ___. Section 841.084, Health and Safety Code, is
amended to read as follows:
Sec. 841.084. [PROVIDER] STATUS REPORTS. A treatment
provider or tracking service personnel [a supervision provider]
other than the case manager shall submit, monthly or more
frequently if required by the case manager, a report to the case
manager stating whether the person is complying with treatment or
tracking [supervision] requirements, as applicable.
SECTION ___. Subsection (a), Section 841.141, Health and
Safety Code, is amended to read as follows:
(a) The council by rule shall administer treatment and
supervision under this chapter. Rules adopted by the council under
this section must be:
(1) related to treatment and supervision under this
chapter; and
(2) consistent with the purposes of this chapter.
SECTION ___. Subsections (a), (c), and (d), Section
841.142, Health and Safety Code, are amended to read as follows:
(a) To protect the public and to enable an assessment or [a]
determination relating to whether a person is a sexually violent
predator, any entity that possesses relevant information relating
to the person shall release the information to an entity charged
with making an assessment or [a] determination under this chapter.
(c) On the written request of any attorney for another state
or for a political subdivision in another state, the Texas
Department of Criminal Justice, the council, a service provider
contracting with one of those agencies, the multidisciplinary team,
and the attorney representing the state shall release to the
attorney any available information relating to a person that is
sought in connection with an attempt to civilly commit the person as
a sexually violent predator in another state.
(d) To protect the public and to enable an assessment or [a]
determination relating to whether a person is a sexually violent
predator or to enable the provision of supervision and treatment to
a person who is a sexually violent predator, the Texas Department of
Criminal Justice, the council, a service provider contracting with
one of those agencies, the multidisciplinary team, and the attorney
representing the state may exchange any available information
relating to the person.
SECTION ___. Section 841.144, Health and Safety Code, is
amended to read as follows:
Sec. 841.144. COUNSEL. (a) Immediately after the filing
of a petition under Section 841.041 [At all stages of the civil
commitment proceedings under this chapter], a person subject to a
civil commitment proceeding under this chapter is entitled to the
assistance of counsel at all stages of the proceeding.
(b) If the person is indigent, the court shall appoint
counsel as appropriate under Section 841.005 [through the Office of
State Counsel for Offenders] to assist the person.
SECTION ___. Subsections (b) and (c), Section 841.146,
Health and Safety Code, are amended to read as follows:
(b) Except as otherwise provided by this subsection, a [A]
civil commitment proceeding is subject to the rules of procedure
and appeal for civil cases. To the extent of any conflict between
this chapter and the rules of procedure and appeal for civil cases,
this chapter controls.
(c) In an amount not to exceed $2,500 [$1,600], the State of
Texas [state] shall pay all [the] costs associated with [of] a civil
commitment proceeding conducted under Subchapter D. The State of
Texas [For any civil commitment proceeding conducted under this
chapter, the state] shall pay the reasonable costs of state or
appointed counsel or experts for any other civil commitment
proceeding conducted under this chapter and shall pay the
reasonable costs of the person's outpatient treatment and
supervision.
SECTION ___. Subchapter H, Chapter 841, Health and Safety
Code, is amended by adding Sections 841.1461, 841.1462, 841.1463,
and 841.150 to read as follows:
Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR
CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATOR. A person who
suffers from a behavioral abnormality as determined under this
chapter is not because of that abnormality a person of unsound mind
for purposes of Section 15-a, Article I, Texas Constitution.
Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT
IDENTIFIES VICTIM. Personal information, including a home address,
home telephone number, and social security account number, that
identifies the victim of a person subject to a civil commitment
proceeding under this chapter is privileged from discovery by that
person.
Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT
PERIOD NOT JURISDICTIONAL ERROR. The periods within which notice
must be given under this chapter are binding on all appropriate
persons as provided by this chapter, but a failure to give notice
within the relevant period is not a jurisdictional error.
Sec. 841.150. EFFECT OF CERTAIN SUBSEQUENT CONVICTIONS,
JUDGMENTS, OR VERDICTS ON ORDER OF CIVIL COMMITMENT. (a) Except
as provided by Subsection (b), the following convictions,
judgments, or verdicts do not affect an order of civil commitment
under this chapter:
(1) a conviction for a felony if a sentence is not
imposed;
(2) a conviction for a misdemeanor, regardless of
whether a sentence is imposed; and
(3) a judgment or verdict of not guilty by reason of
insanity for any offense absent a corresponding commitment to the
Texas Department of Mental Health and Mental Retardation.
(b) The statutory duties imposed by this chapter are
suspended for the duration of any confinement of a person who
receives a conviction described by Subsection (a)(2).
SECTION ___. Section 841.147, Health and Safety Code, is
amended to read as follows:
Sec. 841.147. IMMUNITY. The following persons are immune
from liability for good faith conduct under this chapter:
(1) an employee or officer of the Texas Department of
Criminal Justice, the Texas Department of Mental Health and Mental
Retardation, the Texas Department of Health, or the council;
(2) a member of the multidisciplinary team established
under Section 841.022;
(3) an employee of the division of the prison
prosecution unit charged with initiating and pursuing civil
commitment proceedings under this chapter [the attorney
representing the state]; and
(4) a person contracting, appointed, or volunteering
to perform a service under this chapter.
SECTION ___. The change in law made by this Act in amending
Chapter 841, Health and Safety Code, applies to civil commitment
proceedings initiated before, on, or after the effective date of
this Act.