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A BILL TO BE ENTITLED
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AN ACT
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relating to the sex offender civil commitment program and to the |
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creation of a state agency to perform the functions relating to the |
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sex offender civil commitment program that are currently performed |
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by the Council on Sex Offender Treatment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Government Code, is amended |
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by adding Chapter 420A to read as follows: |
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CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT |
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Sec. 420A.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the governing board of the Office of |
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Violent Sex Offender Management. |
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(2) "Office" means the Office of Violent Sex Offender |
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Management. |
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Sec. 420A.002. OFFICE; GOVERNING BOARD. (a) The Office of |
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Violent Sex Offender Management is a state agency. |
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(b) The office is governed by a board composed of the |
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following three members appointed by the governor: |
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(1) one member experienced in the management of sex |
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offenders; |
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(2) one member experienced in the investigation or |
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prosecution of sex offenses; and |
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(3) one member experienced in counseling or advocating |
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on behalf of victims of sexual assault. |
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(c) Members of the board serve staggered two-year terms. |
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Two members' terms expire February 1 of each even-numbered year and |
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one member's term expires February 1 of each odd-numbered year. |
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(d) A member of the board is entitled to travel expenses |
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incurred in performing official duties and to a per diem equal to |
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the maximum amount allowed on January 1 of that year for federal |
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employees per diem for federal income tax purposes, subject to the |
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same limitations provided for members of state boards and |
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commissions in the General Appropriations Act. |
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Sec. 420A.003. PRESIDING OFFICER; MEETINGS. (a) The |
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governor shall designate a member of the board as presiding |
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officer. The presiding officer serves at the discretion of the |
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governor. |
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(b) The board shall meet at least once each month and at |
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other times at the call of the presiding officer. |
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Sec. 420A.004. SUNSET PROVISION. The Office of Violent Sex |
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Offender Management is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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office is abolished and this chapter expires September 1, 2021. |
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Sec. 420A.005. STAFF. The office may select and employ a |
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general counsel, staff attorneys, and other staff necessary to |
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perform the office's functions. |
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Sec. 420A.006. SALARY CAREER LADDER FOR CASE MANAGERS. (a) |
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The board shall adopt a salary career ladder for case managers. The |
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salary career ladder must base a case manager's salary on the |
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manager's classification and years of service with the office. |
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(b) For purposes of the salary schedule, the office shall |
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classify all case manager positions as Case Manager I, Case Manager |
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II, Case Manager III, Case Manager IV, or Case Manager V. |
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(c) Under the salary career ladder adopted under Subsection |
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(a), a case manager to whom the schedule applies and who received an |
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overall evaluation of at least satisfactory in the case manager's |
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most recent annual evaluation is entitled to an annual salary |
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increase, during each of the case manager's first 10 years of |
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service in a designated case manager classification as described by |
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Subsection (b), equal to one-tenth of the difference between: |
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(1) the case manager's current annual salary; and |
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(2) the minimum annual salary of a case manager in the |
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next highest classification. |
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Sec. 420A.007. POWERS AND DUTIES. The office shall perform |
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appropriate functions related to the sex offender civil commitment |
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program provided under Chapter 841, Health and Safety Code, |
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including functions related to the provision of treatment and |
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supervision to civilly committed sex offenders. |
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SECTION 2. Sections 841.002(3) and (4), Health and Safety |
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Code, are amended to read as follows: |
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(3) "Case manager" means a person employed by or under |
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contract with the office [council] to perform duties related to |
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outpatient treatment and supervision of a person committed under |
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this chapter. |
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(4) "Office" ["Council"] means the Office of Violent |
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Sex Offender Management [Council on Sex Offender Treatment]. |
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SECTION 3. Section 841.003(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person is a repeat sexually violent offender for the |
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purposes of this chapter: |
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(1) if the person: |
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(A) is convicted of more than one sexually |
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violent offense and a sentence is imposed for at least one of the |
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offenses; |
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(B) is adjudicated to have more than once engaged |
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in delinquent conduct constituting any of the following sexually |
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violent offenses, if the person is committed to the Texas Youth |
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Commission for at least one instance of that conduct, or is |
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adjudicated more than once to have engaged in delinquent conduct |
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constituting any of the following sexually violent offenses, if |
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based on the most recent adjudication the person is committed to the |
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Texas Youth Commission: |
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(i) an offense under Section 22.011 or |
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22.021, Penal Code; |
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(ii) an offense under Section 20.04(a)(4), |
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Penal Code, that is described by Section 841.002(8)(B); |
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(iii) an offense under Section 19.02 or |
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19.03, Penal Code, that is described by Section 841.002(8)(D); |
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(iv) an attempt, conspiracy, or |
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solicitation, as defined by Chapter 15, Penal Code, to commit an |
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offense listed in Subparagraph (i), (ii), or (iii); |
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(v) an offense under prior state law that |
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contains elements substantially similar to the elements of an |
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offense listed in Subparagraph (i), (ii), (iii), or (iv); or |
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(vi) an offense under the law of another |
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state, federal law, or the Uniform Code of Military Justice that |
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contains elements substantially similar to the elements of an |
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offense listed in Subparagraph (i), (ii), (iii), or (iv); or |
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(C) for a person who is not otherwise described |
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by Paragraph (B), is adjudicated to have three or more times engaged |
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in delinquent conduct constituting any sexually violent offense, if |
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the person is committed to the Texas Youth Commission for at least |
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one instance of that conduct, or is adjudicated more than once to |
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have engaged in delinquent conduct constituting any sexually |
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violent offense if the conduct is composed of three or more |
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instances of a sexually violent offense and if based on the most |
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recent adjudication the person is committed to the Texas Youth |
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Commission; or |
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(2) if: |
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(A) [(1)] the person: |
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(i) [(A)] is convicted of a sexually |
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violent offense, regardless of whether the sentence for the offense |
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was ever imposed or whether the sentence was probated and the person |
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was subsequently discharged from community supervision; |
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(ii) [(B)] enters a plea of guilty or nolo |
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contendere for a sexually violent offense in return for a grant of |
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deferred adjudication; |
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(iii) [(C)] is adjudged not guilty by |
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reason of insanity of a sexually violent offense; or |
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(iv) [(D)] is adjudicated by a juvenile |
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court in this state, or by a juvenile court in another jurisdiction |
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under a law described by Section 841.002(8)(G), as having engaged |
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in delinquent conduct constituting a sexually violent offense and |
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is committed, as applicable, to the Texas Youth Commission under |
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Section 54.04(d)(3) or (m), Family Code, or a functionally |
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equivalent secure juvenile correctional facility in another |
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jurisdiction in a manner that is functionally equivalent to a |
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commitment under Section 54.04(d)(3) or (m), Family Code; and |
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(B) [(2)] after the date on which under Paragraph |
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(A) [Subdivision (1)] the person is convicted, receives a grant of |
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deferred adjudication, is adjudged not guilty by reason of |
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insanity, or is adjudicated by a juvenile court as having engaged in |
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delinquent conduct, the person commits or engages in delinquent |
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conduct constituting a sexually violent offense for which the |
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person: |
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(i) [(A)] is convicted, but only if the |
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sentence for the offense is imposed; |
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(ii) receives a determinate sentence under |
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Section 54.04(d)(3) or (m), Family Code, and is transferred to the |
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Texas Department of Criminal Justice; or |
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(iii) [(B)] is adjudged not guilty by |
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reason of insanity. |
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SECTION 4. Section 841.007, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER |
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MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of |
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Violent Sex Offender Management [Council on Sex Offender Treatment] |
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is responsible for providing appropriate and necessary treatment |
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and supervision through the case management system. |
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SECTION 5. Section 841.022(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The executive director of the Texas Department of |
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Criminal Justice and the commissioner of the [Texas] Department of |
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State Health Services [Mental Health and Mental Retardation] |
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jointly shall establish a multidisciplinary team to review |
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available records of a person referred to the team under Section |
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841.021. The team must include: |
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(1) two persons from the [Texas] Department of State |
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Health Services [Mental Health and Mental Retardation]; |
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(2) two persons from the Texas Department of Criminal |
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Justice, one of whom must be from the victim services office of that |
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department; |
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(3) one person from the Texas Department of Public |
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Safety; and |
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(4) two persons from the office [council] or office |
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[council] personnel. |
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SECTION 6. Section 841.062, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A determination that a person is a sexually violent |
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predator must be supported by the testimony of two experts if the |
|
person is a repeat sexually violent offender described by Section |
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841.003(b)(1)(B) or (C). |
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SECTION 7. Sections 841.082(a) and (c), Health and Safety |
|
Code, are amended to read as follows: |
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(a) Before entering an order directing a person's |
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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: |
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(1) requiring the person to reside in a Texas |
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residential facility under contract with the office [council] or at |
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another location or facility approved by the office [council]; |
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(2) prohibiting the person's contact with a victim or |
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potential victim of the person; |
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(3) prohibiting the person's possession or use of |
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alcohol, inhalants, or a controlled substance; |
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(4) requiring the person's participation in and |
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compliance with a specific course of treatment; |
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(5) requiring the person to: |
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(A) submit to tracking under a particular type of |
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tracking service and to any other appropriate supervision; and |
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(B) refrain from tampering with, altering, |
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modifying, obstructing, or manipulating the tracking equipment; |
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(6) prohibiting the person from changing the person's |
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residence without prior authorization from the judge and from |
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leaving the state without that prior authorization; |
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(7) if determined appropriate by the judge, |
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establishing a child safety zone in the same manner as a child |
|
safety zone is established by a judge under Section 13B, Article |
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42.12, Code of Criminal Procedure, and requiring the person to |
|
comply with requirements related to the safety zone; |
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(8) requiring the person to notify the case manager |
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immediately but in any event within 24 hours of any change in the |
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person's status that affects proper treatment and supervision, |
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including a change in the person's physical health or job status and |
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including any incarceration of the person; and |
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(9) any other requirements determined necessary by the |
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judge. |
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(c) The judge shall provide a copy of the requirements |
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imposed under Subsection (a) to the person and to the office |
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[council]. The office [council] shall provide a copy of those |
|
requirements to the case manager and to the service providers. |
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SECTION 8. Section 841.083, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.083. TREATMENT; SUPERVISION. (a) The office |
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[council] shall approve and contract for the provision of a |
|
treatment plan for the committed person to be developed by the |
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treatment provider. A treatment plan may include the monitoring of |
|
the person with a polygraph or plethysmograph. The treatment |
|
provider may receive annual compensation in an amount not to exceed |
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$6,000 for providing the required treatment. |
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(b) The case manager shall provide supervision to the |
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person. The provision of supervision shall include a tracking |
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service and, if required by court order, supervised housing. |
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(c) The office [council] shall enter into appropriate |
|
memoranda of understanding with the Texas Department of Public |
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Safety for the provision of a tracking service and for assistance in |
|
the preparation of criminal complaints, warrants, and related |
|
documents and in the apprehension and arrest of a person. |
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(c-1) Notwithstanding Subsection (c) or any other provision |
|
of this subchapter, the office [council] shall provide through the |
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case management system any supervision or tracking service required |
|
under this chapter for persons residing in Dallas, Harris, or |
|
Tarrant County. The office [council] shall provide the tracking |
|
service under this subsection through two employees of the |
|
Department of State Health Services. Any tracking personnel used |
|
by the department for purposes of this chapter must be approved by |
|
the office [council]. |
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(c-2) If the equipment necessary to implement the tracking |
|
service is available through a contract entered into by the |
|
comptroller, the Department of Public Safety or the office |
|
[council], as appropriate, shall acquire that equipment through |
|
that contract. |
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(d) The office [council] shall enter into appropriate |
|
memoranda of understanding for any necessary supervised housing. |
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The office [council] shall reimburse the applicable provider 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, unless the placement results from a |
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commitment of the person to that facility, school, or center by |
|
governmental action. In this subsection: |
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(1) "Community center" means a center established |
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under Subchapter A, Chapter 534. |
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(2) "Mental health facility" has the meaning assigned |
|
by Section 571.003. |
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(3) "State school" has the meaning assigned by Section |
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531.002. |
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(e) The case manager shall: |
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(1) coordinate the outpatient treatment and |
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supervision required by this chapter, including performing a |
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periodic assessment of the success of that treatment and |
|
supervision; |
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(2) make timely recommendations to the judge on |
|
whether to allow the committed person to change residence or to |
|
leave the state and on any other appropriate matters; and |
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(3) provide a report to the office [council], |
|
semiannually or more frequently as necessary, which must include: |
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(A) any known change in the person's status that |
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affects proper treatment and supervision; and |
|
(B) any recommendations made to the judge. |
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SECTION 9. Section 841.084, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding |
|
Section 841.146(c), a civilly committed person who is not indigent |
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is responsible for the cost of the tracking service required by |
|
Section 841.082 and monthly shall pay to the office [council] the |
|
amount that the office [council] determines will be necessary to |
|
defray the cost of operating the service with respect to the person |
|
during the subsequent month. The office [council] immediately |
|
shall transfer the money to the appropriate service provider. |
|
SECTION 10. Section 841.101, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.101. BIENNIAL EXAMINATION. (a) A person |
|
committed under Section 841.081 shall receive a biennial |
|
examination. The office [council] shall contract for an expert to |
|
perform the examination. |
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(b) In preparation for a judicial review conducted under |
|
Section 841.102, the case manager shall provide a report of the |
|
biennial examination to the judge. The report must include |
|
consideration of whether to modify a requirement imposed on the |
|
person under this chapter and whether to release the person from all |
|
requirements imposed on the person under this chapter. The case |
|
manager shall provide a copy of the report to the office [council]. |
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SECTION 11. Section 841.141, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 841.141. RULEMAKING AUTHORITY. (a) The office |
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[council] by rule shall administer this chapter. Rules adopted by |
|
the office [council] under this section must be consistent with the |
|
purposes of this chapter. |
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(b) The office [council] by rule shall develop standards of |
|
care and case management for persons committed under this chapter. |
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SECTION 12. Sections 841.142(c) and (d), Health and Safety |
|
Code, are amended to read as follows: |
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(c) On the written request of any attorney for another state |
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or for a political subdivision in another state, the Texas |
|
Department of Criminal Justice, the office [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 |
|
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 office [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 13. Section 841.147, Health and Safety Code, is |
|
amended to read as follows: |
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Sec. 841.147. IMMUNITY. The following persons are immune |
|
from liability for good faith conduct under this chapter: |
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(1) an employee or officer of the Texas Department of |
|
Criminal Justice, the Department of State Health Services, the |
|
Department of Aging and Disability Services, or the office |
|
[council]; |
|
(2) a member of the multidisciplinary team established |
|
under Section 841.022; |
|
(3) an employee of the civil division of the special |
|
prosecution unit charged with initiating and pursuing civil |
|
commitment proceedings under this chapter; and |
|
(4) a person providing, or contracting, appointed, or |
|
volunteering to perform, a tracking service or another service |
|
under this chapter. |
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SECTION 14. Subchapter H, Chapter 841, Health and Safety |
|
Code, is amended by adding Section 841.151 to read as follows: |
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Sec. 841.151. NOTICE OF RELEASE OF SEXUALLY VIOLENT |
|
PREDATOR. (a) In this section: |
|
(1) "Correctional facility" has the meaning assigned |
|
by Section 1.07, Penal Code. |
|
(2) "Secure correctional facility" and "secure |
|
detention facility" have the meanings assigned by Section 51.02, |
|
Family Code. |
|
(b) This section applies to a person who has been civilly |
|
committed under this chapter and who is detained or confined in a |
|
correctional facility, secure correctional facility, or secure |
|
detention facility as a result of violating: |
|
(1) a civil commitment requirement imposed under |
|
Section 841.082; or |
|
(2) a law of this state. |
|
(c) Not later than the day preceding the date a correctional |
|
facility, secure correctional facility, or secure detention |
|
facility releases a person who, at the time of the person's |
|
detention or confinement, was civilly committed under this chapter |
|
as a sexually violent predator, the facility shall notify the |
|
person's case manager in writing of the anticipated date and time of |
|
the person's release. |
|
(d) A case manager, on request, shall provide a correctional |
|
facility, a secure correctional facility, or a secure detention |
|
facility with the case manager's appropriate contact information |
|
for notification under Subsection (c). |
|
SECTION 15. The functions of the Council on Sex Offender |
|
Treatment that relate to the sex offender civil commitment program |
|
are transferred to the Office of Violent Sex Offender Management. |
|
SECTION 16. As soon as possible after the effective date of |
|
this Act, the governor shall appoint three members to the Office of |
|
Violent Sex Offender Management. |
|
SECTION 17. (a) The Office of Violent Sex Offender |
|
Management and the Council on Sex Offender Treatment shall |
|
coordinate the transfer of functions relating to the sex offender |
|
civil commitment program as required by this Act. |
|
(b) The transfer of all functions relating to the sex |
|
offender civil commitment program to the Office of Violent Sex |
|
Offender Management shall be accomplished as soon as possible but |
|
not later than the 45th day after the date that the last member of |
|
the Office of Violent Sex Offender Management qualifies for office. |
|
(c) The transfer required by this Act includes the transfer |
|
of all assets, duties, powers, obligations, and liabilities, |
|
including contracts, leases, real or personal property, funds, |
|
employees, furniture, computers and other equipment, and files and |
|
related materials used by the Council on Sex Offender Treatment in |
|
performing the functions relating to the sex offender civil |
|
commitment program that are transferred by this Act. |
|
(d) A form, rule, or procedure adopted by the Health and |
|
Human Services Commission or the Department of State Health |
|
Services in relation to the Council on Sex Offender Treatment that |
|
is in effect on the effective date of this Act remains in effect on |
|
and after that date as if adopted by the Office of Violent Sex |
|
Offender Management until amended, repealed, withdrawn, or |
|
otherwise superseded by that office. |
|
(e) All unexpended appropriations for functions relating to |
|
the sex offender civil commitment program that are made for use by |
|
the Council on Sex Offender Treatment are transferred to the Office |
|
of Violent Sex Offender Management. |
|
(f) The Office of Violent Sex Offender Management shall |
|
publish in the Texas Register the date on which the transfer of |
|
functions under this Act is accomplished. |
|
SECTION 18. After the effective date of this Act, the |
|
Council on Sex Offender Treatment shall continue to perform |
|
applicable functions until the transfer of functions required by |
|
this Act is completed, and the laws providing for those functions |
|
are continued in effect for that purpose. |
|
SECTION 19. This Act takes effect September 1, 2010. |