AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 3387 amends the Government Code to require a parole panel to require as a condition of release on parole or to mandatory supervision that a releasee participate in a sex offender treatment program developed by the Texas Department of Criminal Justice if the releasee was serving a sentence for a Penal Code sexual offense or is required to register as a sex offender and if immediately before release the releasee is participating in a sex offender treatment program.

 

H.B. 3387 authorizes a parole panel to require as a condition of release on parole or to mandatory supervision that a releasee participate in a sex offender treatment program as specified by the parole panel if the releasee was serving a sentence for a Penal Code sexual offense or is required to register as a sex offender or if a designated agent of the Board of Pardons and Paroles, on evidence that a sex offense occurred during the commission of the offense for which the releasee was serving a sentence, makes an affirmative finding that, regardless of the offense for which the releasee was serving a sentence, the releasee constitutes a threat to society because of the releasee's lack of sexual control.

 

H.B. 3387 amends current law relating to sex offender treatment as a condition of parole or mandatory supervision for certain releasees.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter F, Chapter 508, Government Code, by adding Section 508.1862, as follows:

 

Sec. 508.1862.  SEX OFFENDER TREATMENT.  Requires a parole panel to require as a condition of release on parole or to mandatory supervision that a releasee participate in a sex offender treatment program developed by the Texas Department of Criminal Justice if:

 

(1)  the releasee:

 

(A)  was serving a sentence for an offense under Chapter 21 (Sexual Offenses), Penal Code; or

 

(B)  is required to register as a sex offender under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure; and

 

(2)  immediately before release, the releasee is participating in a sex offender treatment program established under Section 499.054 (Sex Offender Treatment Program).

 

SECTION 2. Amends Subchapter G, Chapter 508, Government Code, by adding Section 508.228, as follows:

 

Sec. 508.228.  SEX OFFENDER TREATMENT. Authorizes a parole panel to require as a condition of release on parole or to mandatory supervision that a releasee participate in a sex offender treatment program as specified by the parole panel if:

 

(1)  the releasee:

 

(A)  was serving a sentence for an offense under Chapter 21, Penal Code; or

 

(B)  is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or

 

(2)  a designated agent of the Texas Board of Criminal Justice, on evidence that a sex offense occurred during the commission of the offense for which the releasee was serving a sentence, makes an affirmative finding that, regardless of the offense for which the releasee was serving a sentence, the releasee constitutes a threat to society because of the releasee's lack of sexual control.

 

SECTION 3. Provides that Sections 508.1862 and 508.228, Government Code, as added by this Act, apply only to a decision of a parole panel made on or after the effective date of this Act. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2015.