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79R5276 KCR-D

By:  Uresti                                                       H.B. No. 1858



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution, treatment, and rehabilitation of 
certain sex offenders.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter C, Chapter 501, Government Code, is 
amended by adding Section 501.094 to read as follows:
	Sec. 501.094.  MANDATORY TREATMENT FOR SEX OFFENDERS.  (a)  
The institutional division shall establish a program to confine, 
treat, and rehabilitate any inmate determined by the division to be 
serving a sentence for an offense requiring registration under 
Chapter 62, Code of Criminal Procedure.  The program is for the 
identification and treatment of mental illnesses, behaviors, or 
other factors that gave rise or contributed to an inmate's 
committing an offense requiring registration under Chapter 62, Code 
of Criminal Procedure, and is in addition to educational and other 
treatment services provided to an inmate.
	(b)  The institutional division and the Council on Sex 
Offender Treatment shall jointly develop methods of screening and 
assessing inmates to determine each inmate's specific treatment 
needs.  The institutional division shall assess each inmate who is 
serving a sentence for an offense requiring registration under 
Chapter 62, Code of Criminal Procedure, and shall determine the 
severity of the problem and the need for treatment.
	(c)  The program provided under this section must contain 
highly structured work, education, and treatment schedules, a 
clearly delineated authority structure, and well-defined goals and 
guidelines.  The institutional division shall establish a graded 
system of rewards and sanctions for an inmate who participates in 
the program.
	(d)  The institutional division shall employ or contract 
with qualified professionals to implement the program.  For 
purposes of this subsection, a "qualified professional" is a person 
who is eligible to be included in the registry of sex offender 
treatment providers maintained under Chapter 110, Occupations 
Code.
	SECTION 2.  Subchapter B, Chapter 507, Government Code, is 
amended by adding Section 507.034 to read as follows:
	Sec. 507.034.  MANDATORY TREATMENT FOR SEX OFFENDERS.  (a)  
The state jail division shall establish a program to confine, 
treat, and rehabilitate any defendant determined by the division to 
be serving a sentence for an offense requiring registration under 
Chapter 62, Code of Criminal Procedure.  The program is for the 
identification and treatment of mental illnesses, behaviors, or 
other factors that gave rise or contributed to a defendant's 
committing an offense requiring registration under Chapter 62, Code 
of Criminal Procedure, and is in addition to educational and other 
treatment services provided to a defendant.
	(b)  The state jail division and the Council on Sex Offender 
Treatment shall jointly develop methods of screening and assessing 
defendants to determine each defendant's specific treatment needs.  
The state jail division shall assess each defendant who is serving a 
sentence for an offense requiring registration under Chapter 62, 
Code of Criminal Procedure, and shall determine the severity of the 
problem and the need for treatment.
	(c)  The program provided under this section must contain 
highly structured work, education, and treatment schedules, a 
clearly delineated authority structure, and well-defined goals and 
guidelines.  The state jail division shall establish a graded 
system of rewards and sanctions for a defendant who participates in 
the program.
	(d)  The state jail division shall employ or contract with 
qualified professionals to implement the program.  For purposes of 
this subsection, a "qualified professional" is a person who is 
eligible to be included in the registry of sex offender treatment 
providers maintained under Chapter 110, Occupations Code.
	SECTION 3.  Section 43.26(d), Penal Code, is amended to read 
as follows:     
	(d)  An offense under Subsection (a) is a felony of the 
second [third] degree.
	SECTION 4.  The change in law made by Section 43.26(d), Penal 
Code, as amended by this Act, applies only to an offense committed 
on or after the effective date of this Act.  An offense committed 
before the effective date of this Act is covered by the law in 
effect at the time the offense was committed, and the former law is 
continued in effect for that purpose.  For purposes of this section, 
an offense was committed before the effective date of this Act if 
any element of the offense was committed before that date.
	SECTION 5.  This Act takes effect September 1, 2005.