81R4559 KCR-D
By: Shapiro S.B. No. 2037
A BILL TO BE ENTITLED
AN ACT
relating to the sex offender civil commitment program and to the
creation of a state agency to perform the functions relating to the
sex offender civil commitment program that are currently performed
by the Council on Sex Offender Treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Government Code, is amended
by adding Chapter 420A to read as follows:
CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT
Sec. 420A.001. DEFINITIONS. In this chapter:
(1) "Board" means the governing board of the Office of
Violent Sex Offender Management.
(2) "Office" means the Office of Violent Sex Offender
Management.
Sec. 420A.002. OFFICE; GOVERNING BOARD. (a) The Office of
Violent Sex Offender Management is a state agency.
(b) The office is governed by a board composed of the
following three members appointed by the governor:
(1) one member experienced in the management of sex
offenders;
(2) one member experienced in the investigation or
prosecution of sex offenses; and
(3) one member experienced in counseling or advocating
on behalf of victims of sexual assault.
(c) Members of the board serve staggered two-year terms.
Two members' terms expire February 1 of each even-numbered year and
one member's term expires February 1 of each odd-numbered year.
(d) A member of the board is entitled to travel expenses
incurred in performing official duties and to a per diem equal to
the maximum amount allowed on January 1 of that year for federal
employees per diem for federal income tax purposes, subject to the
same limitations provided for members of state boards and
commissions in the General Appropriations Act.
Sec. 420A.003. PRESIDING OFFICER; MEETINGS. (a) The
governor shall designate a member of the board as presiding
officer. The presiding officer serves at the discretion of the
governor.
(b) The board shall meet at least once each month and at
other times at the call of the presiding officer.
Sec. 420A.004. SUNSET PROVISION. The Office of Violent Sex
Offender Management is subject to Chapter 325 (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
office is abolished and this chapter expires September 1, 2021.
Sec. 420A.005. STAFF. The office may select and employ a
general counsel, staff attorneys, and other staff necessary to
perform the office's functions.
Sec. 420A.006. SALARY CAREER LADDER FOR CASE MANAGERS. (a)
The board shall adopt a salary career ladder for case managers. The
salary career ladder must base a case manager's salary on the
manager's classification and years of service with the office.
(b) For purposes of the salary schedule, the office shall
classify all case manager positions as Case Manager I, Case Manager
II, Case Manager III, Case Manager IV, or Case Manager V.
(c) Under the salary career ladder adopted under Subsection
(a), a case manager to whom the schedule applies and who received an
overall evaluation of at least satisfactory in the case manager's
most recent annual evaluation is entitled to an annual salary
increase, during each of the case manager's first 10 years of
service in a designated case manager classification as described by
Subsection (b), equal to one-tenth of the difference between:
(1) the case manager's current annual salary; and
(2) the minimum annual salary of a case manager in the
next highest classification.
Sec. 420A.007. POWERS AND DUTIES. The office shall perform
appropriate functions related to the sex offender civil commitment
program provided under Chapter 841, Health and Safety Code,
including functions related to the provision of treatment and
supervision to civilly committed sex offenders.
SECTION 2. Sections 841.002(3) and (4), Health and Safety
Code, are amended to read as follows:
(3) "Case manager" means a person employed by or under
contract with the office [council] to perform duties related to
outpatient treatment and supervision of a person committed under
this chapter.
(4) "Office" ["Council"] means the Office of Violent
Sex Offender Management [Council on Sex Offender Treatment].
SECTION 3. Section 841.003(b), Health and Safety Code, is
amended to read as follows:
(b) A person is a repeat sexually violent offender for the
purposes of this chapter:
(1) if the person:
(A) is convicted of more than one sexually
violent offense and a sentence is imposed for at least one of the
offenses;
(B) is adjudicated to have more than once engaged
in delinquent conduct constituting any of the following sexually
violent offenses, if the person is committed to the Texas Youth
Commission for at least one instance of that conduct, or is
adjudicated more than once to have engaged in delinquent conduct
constituting any of the following sexually violent offenses, if
based on the most recent adjudication the person is committed to the
Texas Youth Commission:
(i) an offense under Section 22.011 or
22.021, Penal Code;
(ii) an offense under Section 20.04(a)(4),
Penal Code, that is described by Section 841.002(8)(B);
(iii) an offense under Section 19.02 or
19.03, Penal Code, that is described by Section 841.002(8)(D);
(iv) an attempt, conspiracy, or
solicitation, as defined by Chapter 15, Penal Code, to commit an
offense listed in Subparagraph (i), (ii), or (iii);
(v) an offense under prior state law that
contains elements substantially similar to the elements of an
offense listed in Subparagraph (i), (ii), (iii), or (iv); or
(vi) an offense under the law of another
state, federal law, or the Uniform Code of Military Justice that
contains elements substantially similar to the elements of an
offense listed in Subparagraph (i), (ii), (iii), or (iv); or
(C) for a person who is not otherwise described
by Paragraph (B), is adjudicated to have three or more times engaged
in delinquent conduct constituting any sexually violent offense, if
the person is committed to the Texas Youth Commission for at least
one instance of that conduct, or is adjudicated more than once to
have engaged in delinquent conduct constituting any sexually
violent offense if the conduct is composed of three or more
instances of a sexually violent offense and if based on the most
recent adjudication the person is committed to the Texas Youth
Commission; or
(2) if:
(A) [(1)] the person:
(i) [(A)] is convicted of a sexually
violent offense, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the person
was subsequently discharged from community supervision;
(ii) [(B)] enters a plea of guilty or nolo
contendere for a sexually violent offense in return for a grant of
deferred adjudication;
(iii) [(C)] is adjudged not guilty by
reason of insanity of a sexually violent offense; or
(iv) [(D)] is adjudicated by a juvenile
court in this state, or by a juvenile court in another jurisdiction
under a law described by Section 841.002(8)(G), as having engaged
in delinquent conduct constituting a sexually violent offense and
is committed, as applicable, to the Texas Youth Commission under
Section 54.04(d)(3) or (m), Family Code, or a functionally
equivalent secure juvenile correctional facility in another
jurisdiction in a manner that is functionally equivalent to a
commitment under Section 54.04(d)(3) or (m), Family Code; and
(B) [(2)] after the date on which under Paragraph
(A) [Subdivision (1)] the person is convicted, receives a grant of
deferred adjudication, is adjudged not guilty by reason of
insanity, or is adjudicated by a juvenile court as having engaged in
delinquent conduct, the person commits or engages in delinquent
conduct constituting a sexually violent offense for which the
person:
(i) [(A)] is convicted, but only if the
sentence for the offense is imposed;
(ii) receives a determinate sentence under
Section 54.04(d)(3) or (m), Family Code, and is transferred to the
Texas Department of Criminal Justice; or
(iii) [(B)] is adjudged not guilty by
reason of insanity.
SECTION 4. Section 841.007, Health and Safety Code, is
amended to read as follows:
Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER
MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of
Violent Sex Offender Management [Council on Sex Offender Treatment]
is responsible for providing appropriate and necessary treatment
and supervision through the case management system.
SECTION 5. Section 841.022(a), Health and Safety Code, is
amended to read as follows:
(a) The executive director of the Texas Department of
Criminal Justice and the commissioner of the [Texas] Department of
State Health Services [Mental Health and Mental Retardation]
jointly shall establish a multidisciplinary team to review
available records of a person referred to the team under Section
841.021. The team must include:
(1) two persons from the [Texas] Department of State
Health Services [Mental Health and Mental Retardation];
(2) two persons from the Texas Department of Criminal
Justice, one of whom must be from the victim services office of that
department;
(3) one person from the Texas Department of Public
Safety; and
(4) two persons from the office [council] or office
[council] personnel.
SECTION 6. Section 841.062, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) A determination that a person is a sexually violent
predator must be supported by the testimony of two experts if the
person is a repeat sexually violent offender described by Section
841.003(b)(1)(B) or (C).
SECTION 7. Sections 841.082(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) Before entering an order directing a person's
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:
(1) requiring the person to reside in a Texas
residential facility under contract with the office [council] or at
another location or facility approved by the office [council];
(2) prohibiting the person's contact with a victim or
potential victim of the person;
(3) prohibiting the person's possession or use of
alcohol, inhalants, or a controlled substance;
(4) requiring the person's participation in and
compliance with a specific course of treatment;
(5) requiring the person to:
(A) submit to tracking under a particular type of
tracking service and to any other appropriate supervision; and
(B) refrain from tampering with, altering,
modifying, obstructing, or manipulating the tracking equipment;
(6) prohibiting the person from changing the person's
residence without prior authorization from the judge and from
leaving the state without that prior authorization;
(7) if determined appropriate by the judge,
establishing a child safety zone in the same manner as a child
safety zone is established by a judge under Section 13B, Article
42.12, Code of Criminal Procedure, and requiring the person to
comply with requirements related to the safety zone;
(8) requiring the person to notify the case manager
immediately but in any event within 24 hours of any change in the
person's status that affects proper treatment and supervision,
including a change in the person's physical health or job status and
including any incarceration of the person; and
(9) any other requirements determined necessary by the
judge.
(c) The judge shall provide a copy of the requirements
imposed under Subsection (a) to the person and to the office
[council]. The office [council] shall provide a copy of those
requirements to the case manager and to the service providers.
SECTION 8. Section 841.083, Health and Safety Code, is
amended to read as follows:
Sec. 841.083. TREATMENT; SUPERVISION. (a) The office
[council] shall approve and contract for the provision of a
treatment plan for the committed person to be developed by the
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
$6,000 for providing the required treatment.
(b) The case manager shall provide supervision to the
person. The provision of supervision shall include a tracking
service and, if required by court order, supervised housing.
(c) The office [council] shall enter into appropriate
memoranda of understanding with the Texas Department of Public
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.
(c-1) Notwithstanding Subsection (c) or any other provision
of this subchapter, the office [council] shall provide through the
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].
(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.
(d) The office [council] shall enter into appropriate
memoranda of understanding for any necessary supervised housing.
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
commitment of the person to that facility, school, or center by
governmental action. In this subsection:
(1) "Community center" means a center established
under Subchapter A, Chapter 534.
(2) "Mental health facility" has the meaning assigned
by Section 571.003.
(3) "State school" has the meaning assigned by Section
531.002.
(e) The case manager shall:
(1) coordinate the outpatient treatment and
supervision required by this chapter, including performing a
periodic assessment of the success of that treatment and
supervision;
(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
(3) provide a report to the office [council],
semiannually or more frequently as necessary, which must include:
(A) any known change in the person's status that
affects proper treatment and supervision; and
(B) any recommendations made to the judge.
SECTION 9. Section 841.084, Health and Safety Code, is
amended to read as follows:
Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding
Section 841.146(c), a civilly committed person who is not indigent
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
amended to read as follows:
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.
(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].
SECTION 11. Section 841.141, Health and Safety Code, is
amended to read as follows:
Sec. 841.141. RULEMAKING AUTHORITY. (a) The office
[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.
(b) The office [council] by rule shall develop standards of
care and case management for persons committed under this chapter.
SECTION 12. Sections 841.142(c) and (d), Health and Safety
Code, are amended to read as follows:
(c) On the written request of any attorney for another state
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:
Sec. 841.147. IMMUNITY. The following persons are immune
from liability for good faith conduct under this chapter:
(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.
SECTION 14. Subchapter H, Chapter 841, Health and Safety
Code, is amended by adding Section 841.151 to read as follows:
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.