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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution, treatment, and rehabilitation of |
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certain sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 501, Government Code, is |
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amended by adding Section 501.094 to read as follows: |
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Sec. 501.094. MANDATORY TREATMENT FOR SEX OFFENDERS. (a) |
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The department shall establish a program to confine, treat, and |
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rehabilitate any inmate determined by the department to be serving |
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a sentence for an offense requiring registration under Chapter 62, |
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Code of Criminal Procedure. The program is for the identification |
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and treatment of mental illnesses, behaviors, or other factors that |
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gave rise or contributed to an inmate's committing an offense |
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requiring registration under Chapter 62, Code of Criminal |
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Procedure, and is in addition to educational and other treatment |
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services provided to an inmate. |
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(b) The department and the Council on Sex Offender Treatment |
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shall jointly develop methods of screening and assessing inmates to |
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determine each inmate's specific treatment needs. The department |
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shall assess each inmate who is serving a sentence for an offense |
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requiring registration under Chapter 62, Code of Criminal |
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Procedure, and shall determine the severity of the problem and the |
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need for treatment. |
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(c) The program provided under this section must contain |
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highly structured work, education, and treatment schedules, a |
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clearly delineated authority structure, and well-defined goals and |
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guidelines. The department shall establish a graded system of |
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rewards and sanctions for an inmate who participates in the |
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program. |
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(d) The department shall employ or contract with qualified |
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professionals to implement the program. For purposes of this |
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subsection, a "qualified professional" is a person who is eligible |
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to be included in the registry of sex offender treatment providers |
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maintained under Chapter 110, Occupations Code. |
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SECTION 2. Subchapter B, Chapter 507, Government Code, is |
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amended by adding Section 507.034 to read as follows: |
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Sec. 507.034. MANDATORY TREATMENT FOR SEX OFFENDERS. (a) |
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The department shall establish a program to confine, treat, and |
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rehabilitate any defendant determined by the department to be |
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|
serving a sentence for an offense requiring registration under |
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|
Chapter 62, Code of Criminal Procedure. The program is for the |
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|
identification and treatment of mental illnesses, behaviors, or |
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|
other factors that gave rise or contributed to a defendant's |
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|
committing an offense requiring registration under Chapter 62, Code |
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of Criminal Procedure, and is in addition to educational and other |
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treatment services provided to a defendant. |
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(b) The department and the Council on Sex Offender Treatment |
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shall jointly develop methods of screening and assessing defendants |
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to determine each defendant's specific treatment needs. The |
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department shall assess each defendant who is serving a sentence |
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|
for an offense requiring registration under Chapter 62, Code of |
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|
Criminal Procedure, and shall determine the severity of the problem |
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|
and the need for treatment. |
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|
(c) The program provided under this section must contain |
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|
highly structured work, education, and treatment schedules, a |
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|
clearly delineated authority structure, and well-defined goals and |
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|
guidelines. The department shall establish a graded system of |
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|
rewards and sanctions for a defendant who participates in the |
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|
program. |
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(d) The department shall employ or contract with qualified |
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|
professionals to implement the program. For purposes of this |
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subsection, a "qualified professional" is a person who is eligible |
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to be included in the registry of sex offender treatment providers |
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maintained under Chapter 110, Occupations Code. |
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SECTION 3. Section 43.26(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under Subsection (a) is a felony of the |
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second [third] degree. |
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SECTION 4. The change in law made by Section 43.26(d), Penal |
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Code, as amended by this Act, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2007. |