S.B. 1054 78(R)    BILL ANALYSIS


S.B. 1054
By: Shapleigh
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The treatment of sex offenders is important because the majority of sex
offenders eventually return to the community. Sex offender treatment
enhances specialized community supervision of probated sex offenders by
monitoring high risk behavior. It forces offenders to face the
consequences of their behavior on their victims and society. Sex offender
treatment is structured and focused as information is shared with other
treatment team members, including justice officials. 

Currently, the Texas Code of Criminal Procedure does not specify the use
of evaluative and rehabilitative treatment procedures for adult sex
offenders.   Nor does the current scheme specify use of such standards and
methodology in conjunction with the conditions of an offender's probation. 

Senate Bill 1054 ensures that the Texas Council on Sex Offender Treatment
standards and procedures are specified and therefore specifically
permitted.  

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Senate Bill 1054 amends the Code of Criminal Procedure to ensure that the
Texas Council on Sex Offender Treatment standards and procedures are
specified and therefore specifically permitted. This would allow judges in
cases involving a sex offender, as defined by the code, to direct a
supervision officer to conduct an offense-specific evaluation to determine
the appropriateness of, and a course of action necessary for, sexual
offender treatment, specialized supervision, or rehabilitation for a
defendant, and to report the evaluation to a judge.   

If a judge  grants community supervision to a defendant,  the judge may
require the defendant to attend offense-specific sexual offender
treatment, specialized supervision, rehabilitation programs, or other
standards and practices specifically adopted by the Texas Council on Sex
Offender Treatment.  The costs for treatment, supervision or
rehabilitation ordered under this bill will be paid for by the defendant. 

EFFECTIVE DATE
September 1, 2003.