Texas 2009 - 81st Regular

Texas Senate Bill SB2037 Compare Versions

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1	1	By: Shapiro S.B. No. 2037
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the sex offender civil commitment program and to the
7	7	creation of a state agency to perform the functions relating to the
8	8	sex offender civil commitment program that are currently performed
9	9	by the Council on Sex Offender Treatment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter F, Chapter 411, Government Code, is
12	12	amended by adding Section 411.1389 to read as follows:
13	13	Sec. 411.1389. ACCESS TO CRIMINAL HISTORY RECORD
14	14	INFORMATION: OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT. (a) The
15	15	Office of Violent Sex Offender Management is entitled to obtain
16	16	from the department criminal history record information that is
17	17	maintained by the department and that relates to a person who has
18	18	applied with the office to be:
19	19	(1) an employee of the office; or
20	20	(2) a contracted service provider with the office.
21	21	(b) Criminal history record information obtained by the
22	22	Office of Violent Sex Offender Management under Subsection (a) may
23	23	not be released or disclosed to any person or agency except on court
24	24	order or with the consent of the person who is the subject of the
25	25	information.
26	26	(c) The Office of Violent Sex Offender Management shall
27	27	destroy criminal history record information obtained under
28	28	Subsection (a) as soon as practicable after the date on which, as
29	29	applicable:
30	30	(1) the person's employment or contract with the
31	31	office terminates; or
32	32	(2) the office decides not to employ or contract with
33	33	the person.
34	34	SECTION 2. Subtitle B, Title 4, Government Code, is amended
35	35	by adding Chapter 420A to read as follows:
36	36	CHAPTER 420A. OFFICE OF VIOLENT SEX OFFENDER MANAGEMENT
37	37	Sec. 420A.001. DEFINITIONS. In this chapter:
38	38	(1) "Board" means the governing board of the Office of
39	39	Violent Sex Offender Management.
40	40	(2) "Office" means the Office of Violent Sex Offender
41	41	Management.
42	42	Sec. 420A.002. OFFICE; GOVERNING BOARD. (a) The Office of
43	43	Violent Sex Offender Management is a state agency.
44	44	(b) The office is governed by a board composed of the
45	45	following three members appointed by the governor:
46	46	(1) one member experienced in the management of sex
47	47	offenders;
48	48	(2) one member experienced in the investigation or
49	49	prosecution of sex offenses; and
50	50	(3) one member experienced in counseling or advocating
51	51	on behalf of victims of sexual assault.
52	52	(c) Members of the board serve staggered two-year terms.
53	53	Two members' terms expire February 1 of each even-numbered year and
54	54	one member's term expires February 1 of each odd-numbered year.
55	55	(d) A member of the board is entitled to travel expenses
56	56	incurred in performing official duties and to a per diem equal to
57	57	the maximum amount allowed on January 1 of that year for federal
58	58	employees per diem for federal income tax purposes, subject to the
59	59	same limitations provided for members of state boards and
60	60	commissions in the General Appropriations Act.
61	61	Sec. 420A.003. PRESIDING OFFICER; MEETINGS. (a) The
62	62	governor shall designate a member of the board as presiding
63	63	officer. The presiding officer serves at the discretion of the
64	64	governor.
65	65	(b) The board shall meet at least quarterly and at other
66	66	times at the call of the presiding officer.
67	67	Sec. 420A.004. SUNSET PROVISION. The Office of Violent Sex
68	68	Offender Management is subject to Chapter 325 (Texas Sunset Act).
69	69	Unless continued in existence as provided by that chapter, the
70	70	office is abolished and this chapter expires September 1, 2021.
71	71	Sec. 420A.005. GRANTS AND DONATIONS. On behalf of the
72	72	state, the office may apply for and accept grants and donations from
73	73	any source to be used by the office in the performance of the duties
74	74	of the office.
75	75	Sec. 420A.006. PUBLIC INTEREST INFORMATION. The office
76	76	shall prepare information of public interest describing the
77	77	functions of the office and the procedures by which complaints are
78	78	filed with and resolved by the office. The office shall make the
79	79	information available to the public and appropriate state agencies.
80	80	Sec. 420A.007. BIENNIAL REPORT. Not later than December 1
81	81	of each even-numbered year, the office shall submit to the
82	82	governor, the lieutenant governor, and the speaker of the house of
83	83	representatives a report concerning the operation of the office.
84	84	The office may include in the report any recommendations that the
85	85	office considers appropriate.
86	86	Sec. 420A.008. STAFF. The office may select and employ a
87	87	general counsel, staff attorneys, and other staff necessary to
88	88	perform the office's functions.
89	89	Sec. 420A.009. SALARY CAREER LADDER FOR CASE MANAGERS.
90	90	(a) The board shall adopt a salary career ladder for case
91	91	managers. The salary career ladder must base a case manager's
92	92	salary on the manager's classification and years of service with
93	93	the office.
94	94	(b) For purposes of the salary schedule, the office shall
95	95	classify all case manager positions as Case Manager I, Case Manager
96	96	II, Case Manager III, Case Manager IV, or Case Manager V.
97	97	(c) Under the salary career ladder adopted under Subsection
98	98	(a), a case manager to whom the schedule applies and who received an
99	99	overall evaluation of at least satisfactory in the case manager's
100	100	most recent annual evaluation is entitled to an annual salary
101	101	increase, during each of the case manager's first 10 years of
102	102	service in a designated case manager classification as described by
103	103	Subsection (b), equal to one-tenth of the difference between:
104	104	(1) the case manager's current annual salary; and
105	105	(2) the minimum annual salary of a case manager in the
106	106	next highest classification.
107	107	Sec. 420A.010. POWERS AND DUTIES. The office shall perform
108	108	appropriate functions related to the sex offender civil commitment
109	109	program provided under Chapter 841, Health and Safety Code,
110	110	including functions related to the provision of treatment and
111	111	supervision to civilly committed sex offenders.
112	112	SECTION 3. Subdivisions (3) and (4), Section 841.002,
113	113	Health and Safety Code, are amended to read as follows:
114	114	(3) "Case manager" means a person employed by or under
115	115	contract with the office [council] to perform duties related to
116	116	outpatient treatment and supervision of a person committed under
117	117	this chapter.
118	118	(4) "Office" ["Council"] means the Office of Violent
119	119	Sex Offender Management [Council on Sex Offender Treatment].
120	120	SECTION 4. Section 841.007, Health and Safety Code, is
121	121	amended to read as follows:
122	122	Sec. 841.007. DUTIES OF OFFICE OF VIOLENT SEX OFFENDER
123	123	MANAGEMENT [COUNCIL ON SEX OFFENDER TREATMENT]. The Office of
124	124	Violent Sex Offender Management [Council on Sex Offender Treatment]
125	125	is responsible for providing appropriate and necessary treatment
126	126	and supervision through the case management system.
127	127	SECTION 5. Subsection (a), Section 841.022, Health and
128	128	Safety Code, is amended to read as follows:
129	129	(a) The executive director of the Texas Department of
130	130	Criminal Justice and the commissioner of the [Texas] Department of
131	131	State Health Services [Mental Health and Mental Retardation]
132	132	jointly shall establish a multidisciplinary team to review
133	133	available records of a person referred to the team under Section
134	134	841.021. The team must include:
135	135	(1) one person [two persons] from the [Texas]
136	136	Department of State Health Services [Mental Health and Mental
137	137	Retardation];
138	138	(2) two persons from the Texas Department of Criminal
139	139	Justice, one of whom must be from the victim services office of that
140	140	department;
141	141	(3) one person from the [Texas] Department of Public
142	142	Safety; [and]
143	143	(4) two persons from the office [council] or office
144	144	[council] personnel; and
145	145	(5) one person from the Council on Sex Offender
146	146	Treatment.
147	147	SECTION 6. Subsections (a) and (c), Section 841.082, Health
148	148	and Safety Code, are amended to read as follows:
149	149	(a) Before entering an order directing a person's
150	150	outpatient civil commitment, the judge shall impose on the person
151	151	requirements necessary to ensure the person's compliance with
152	152	treatment and supervision and to protect the community. The
153	153	requirements shall include:
154	154	(1) requiring the person to reside in a Texas
155	155	residential facility under contract with the office [council] or at
156	156	another location or facility approved by the office [council];
157	157	(2) prohibiting the person's contact with a victim or
158	158	potential victim of the person;
159	159	(3) prohibiting the person's possession or use of
160	160	alcohol, inhalants, or a controlled substance;
161	161	(4) requiring the person's participation in and
162	162	compliance with a specific course of treatment provided by the
163	163	office and compliance with all written requirements imposed by the
164	164	case manager or otherwise by the office;
165	165	(5) requiring the person to:
166	166	(A) submit to tracking under a particular type of
167	167	tracking service and to any other appropriate supervision; and
168	168	(B) refrain from tampering with, altering,
169	169	modifying, obstructing, or manipulating the tracking equipment;
170	170	(6) prohibiting the person from changing the person's
171	171	residence without prior authorization from the judge and from
172	172	leaving the state without that prior authorization;
173	173	(7) if determined appropriate by the judge,
174	174	establishing a child safety zone in the same manner as a child
175	175	safety zone is established by a judge under Section 13B, Article
176	176	42.12, Code of Criminal Procedure, and requiring the person to
177	177	comply with requirements related to the safety zone; and
178	178	(8) [requiring the person to notify the case manager
179	179	immediately but in any event within 24 hours of any change in the
180	180	person's status that affects proper treatment and supervision,
181	181	including a change in the person's physical health or job status and
182	182	including any incarceration of the person; and
183	183	[(9)] any other requirements determined necessary by
184	184	the judge.
185	185	(c) The judge shall provide a copy of the requirements
186	186	imposed under Subsection (a) to the person and to the office
187	187	[council]. The office [council] shall provide a copy of those
188	188	requirements to the case manager and to the service providers.
189	189	SECTION 7. Section 841.083, Health and Safety Code, is
190	190	amended to read as follows:
191	191	Sec. 841.083. TREATMENT; SUPERVISION. (a) The office
192	192	[council] shall approve and contract for the provision of a
193	193	treatment plan for the committed person to be developed by the
194	194	treatment provider. A treatment plan may include the monitoring of
195	195	the person with a polygraph or plethysmograph. The treatment
196	196	provider may receive annual compensation in an amount not to exceed
197	197	$10,000 [$6,000] for providing the required treatment.
198	198	(b) The case manager shall provide supervision to the
199	199	person. The provision of supervision must [shall] include a
200	200	tracking service and, if required by court order, supervised
201	201	housing.
202	202	(c) The office [council] shall enter into appropriate
203	203	memoranda of understanding with the [Texas] Department of Public
204	204	Safety for the provision of a tracking service and with the
205	205	Department of Public Safety and local law enforcement authorities
206	206	for assistance in the preparation of criminal complaints, warrants,
207	207	and related documents and in the apprehension and arrest of a
208	208	person.
209	209	[(c-1) Notwithstanding Subsection (c) or any other
210	210	provision of this subchapter, the council shall provide through the
211	211	case management system any supervision or tracking service required
212	212	under this chapter for persons residing in Dallas, Harris, or
213	213	Tarrant County. The council shall provide the tracking service
214	214	under this subsection through two employees of the Department of
215	215	State Health Services. Any tracking personnel used by the
216	216	department for purposes of this chapter must be approved by the
217	217	council.
218	218	[(c-2) If the equipment necessary to implement the tracking
219	219	service is available through a contract entered into by the
220	220	comptroller, the Department of Public Safety or the council, as
221	221	appropriate, shall acquire that equipment through that contract.]
222	222	(d) The office [council] shall enter into appropriate
223	223	memoranda of understanding for any necessary supervised housing.
224	224	The office [council] shall reimburse the applicable provider for
225	225	housing costs under this section. The committed person may not be
226	226	housed for any period of time in a mental health facility, state
227	227	school, or community center, unless the placement results from a
228	228	commitment of the person to that facility, school, or center by
229	229	governmental action. In this subsection:
230	230	(1) "Community center" means a center established
231	231	under Subchapter A, Chapter 534.
232	232	(2) "Mental health facility" has the meaning assigned
233	233	by Section 571.003.
234	234	(3) "State school" has the meaning assigned by Section
235	235	531.002.
236	236	(e) The case manager shall:
237	237	(1) coordinate the outpatient treatment and
238	238	supervision required by this chapter, including performing a
239	239	periodic assessment of the success of that treatment and
240	240	supervision;
241	241	(2) make timely recommendations to the judge on
242	242	whether to allow the committed person to change residence or to
243	243	leave the state and on any other appropriate matters; and
244	244	(3) provide a report to the office [council],
245	245	semiannually or more frequently as necessary, which must include:
246	246	(A) any known change in the person's status that
247	247	affects proper treatment and supervision; and
248	248	(B) any recommendations made to the judge.
249	249	SECTION 8. Section 841.084, Health and Safety Code, is
250	250	amended to read as follows:
251	251	Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding
252	252	Section 841.146(c), a civilly committed person who is not indigent
253	253	is responsible for the cost of the tracking service required by
254	254	Section 841.082 and monthly shall pay to the office [council] the
255	255	amount that the office [council] determines will be necessary to
256	256	defray the cost of operating the service with respect to the person
257	257	during the subsequent month. The office [council] immediately
258	258	shall transfer the money to the appropriate service provider.
259	259	SECTION 9. Section 841.101, Health and Safety Code, is
260	260	amended to read as follows:
261	261	Sec. 841.101. BIENNIAL EXAMINATION. (a) A person
262	262	committed under Section 841.081 shall receive a biennial
263	263	examination. The office [council] shall contract for an expert to
264	264	perform the examination.
265	265	(b) In preparation for a judicial review conducted under
266	266	Section 841.102, the case manager shall provide a report of the
267	267	biennial examination to the judge. The report must include
268	268	consideration of whether to modify a requirement imposed on the
269	269	person under this chapter and whether to release the person from all
270	270	requirements imposed on the person under this chapter. The case
271	271	manager shall provide a copy of the report to the office [council].
272	272	SECTION 10. Section 841.141, Health and Safety Code, is
273	273	amended to read as follows:
274	274	Sec. 841.141. RULEMAKING AUTHORITY. (a) The office
275	275	[council] by rule shall administer this chapter. Rules adopted by
276	276	the office [council] under this section must be consistent with the
277	277	purposes of this chapter.
278	278	(b) The office [council] by rule shall develop standards of
279	279	care and case management for persons committed under this chapter.
280	280	SECTION 11. Subsections (c) and (d), Section 841.142,
281	281	Health and Safety Code, are amended to read as follows:
282	282	(c) On the written request of any attorney for another state
283	283	or for a political subdivision in another state, the Texas
284	284	Department of Criminal Justice, the office [council], a service
285	285	provider contracting with one of those agencies, the
286	286	multidisciplinary team, and the attorney representing the state
287	287	shall release to the attorney any available information relating to
288	288	a person that is sought in connection with an attempt to civilly
289	289	commit the person as a sexually violent predator in another state.
290	290	(d) To protect the public and to enable an assessment or
291	291	determination relating to whether a person is a sexually violent
292	292	predator or to enable the provision of supervision and treatment to
293	293	a person who is a sexually violent predator, the Texas Department of
294	294	Criminal Justice, the office [council], a service provider
295	295	contracting with one of those agencies, the multidisciplinary team,
296	296	and the attorney representing the state may exchange any available
297	297	information relating to the person.
298	298	SECTION 12. Section 841.147, Health and Safety Code, is
299	299	amended to read as follows:
300	300	Sec. 841.147. IMMUNITY. The following persons are immune
301	301	from liability for good faith conduct under this chapter:
302	302	(1) an employee or officer of the Texas Department of
303	303	Criminal Justice, the Department of State Health Services, the
304	304	Department of Aging and Disability Services, or the office
305	305	[council];
306	306	(2) a member of the multidisciplinary team established
307	307	under Section 841.022;
308	308	(3) an employee of the civil division of the special
309	309	prosecution unit charged with initiating and pursuing civil
310	310	commitment proceedings under this chapter; and
311	311	(4) a person providing, or contracting, appointed, or
312	312	volunteering to perform, a tracking service or another service
313	313	under this chapter.
314	314	SECTION 13. Subchapter H, Chapter 841, Health and Safety
315	315	Code, is amended by adding Section 841.151 to read as follows:
316	316	Sec. 841.151. NOTICE OF RELEASE OF SEXUALLY VIOLENT
317	317	PREDATOR. (a) In this section:
318	318	(1) "Correctional facility" has the meaning assigned
319	319	by Section 1.07, Penal Code.
320	320	(2) "Secure correctional facility" and "secure
321	321	detention facility" have the meanings assigned by Section 51.02,
322	322	Family Code.
323	323	(b) This section applies to a person who has been civilly
324	324	committed under this chapter and who is detained or confined in a
325	325	correctional facility, secure correctional facility, or secure
326	326	detention facility as a result of violating:
327	327	(1) a civil commitment requirement imposed under
328	328	Section 841.082; or
329	329	(2) a law of this state.
330	330	(c) Not later than the day preceding the date a correctional
331	331	facility, secure correctional facility, or secure detention
332	332	facility releases a person who, at the time of the person's
333	333	detention or confinement, was civilly committed under this chapter
334	334	as a sexually violent predator, the facility shall notify the
335	335	person's case manager in writing of the anticipated date and time of
336	336	the person's release.
337	337	(d) A case manager, on request, shall provide a correctional
338	338	facility, a secure correctional facility, or a secure detention
339	339	facility with the case manager's appropriate contact information
340	340	for notification under Subsection (c).
341	341	SECTION 14. The following are transferred to the Office of
342	342	Violent Sex Offender Management:
343	343	(1) the functions of the Council on Sex Offender
344	344	Treatment that relate to the sex offender civil commitment program;
345	345	(2) the director of the Department of State Health
346	346	Services who has jurisdiction over the sex offender civil
347	347	commitment program; and
348	348	(3) the staff of the council whose primary duties
349	349	include the operation of the sex offender civil commitment program.
350	350	SECTION 15. As soon as possible after the effective date of
351	351	this Act, the governor shall appoint three members to the Office of
352	352	Violent Sex Offender Management.
353	353	SECTION 16. (a) The Office of Violent Sex Offender
354	354	Management, the Department of State Health Services, and the
355	355	Council on Sex Offender Treatment shall coordinate the transfer of
356	356	functions relating to the sex offender civil commitment program as
357	357	required by this Act.
358	358	(b) The transfer of all functions relating to the sex
359	359	offender civil commitment program to the Office of Violent Sex
360	360	Offender Management shall be accomplished as soon as possible but
361	361	not later than the 90th day after the date that the last member of
362	362	the Office of Violent Sex Offender Management qualifies for office.
363	363	(c) The transfer required by this Act includes the transfer
364	364	of all assets, duties, powers, obligations, and liabilities,
365	365	including contracts, leases, real or personal property, funds,
366	366	employees, furniture, computers and other equipment, and files and
367	367	related materials used by the Department of State Health Services
368	368	and the Council on Sex Offender Treatment in performing the
369	369	functions relating to the sex offender civil commitment program
370	370	that are transferred by this Act. For purposes of this subsection,
371	371	"employees" includes the executive director of the Council on Sex
372	372	Offender Treatment and administrative technicians and program
373	373	specialists employed by the council.
374	374	(d) A form, rule, or procedure adopted by the Health and
375	375	Human Services Commission or the Department of State Health
376	376	Services in relation to the Council on Sex Offender Treatment that
377	377	is in effect on the effective date of this Act remains in effect on
378	378	and after that date as if adopted by the Office of Violent Sex
379	379	Offender Management until amended, repealed, withdrawn, or
380	380	otherwise superseded by that office.
381	381	(e) All unexpended appropriations for functions relating to
382	382	the sex offender civil commitment program that are made for use by
383	383	the Department of State Health Services or the Council on Sex
384	384	Offender Treatment are transferred to the Office of Violent Sex
385	385	Offender Management.
386	386	(f) The Office of Violent Sex Offender Management shall
387	387	publish in the Texas Register the date on which the transfer of
388	388	functions under this Act is accomplished.
389	389	SECTION 17. After the effective date of this Act, the
390	390	Council on Sex Offender Treatment shall continue to perform
391	391	applicable functions until the transfer of functions required by
392	392	this Act is completed, and the laws providing for those functions
393	393	are continued in effect for that purpose.
394	394	SECTION 18. This Act takes effect September 1, 2009.