BILL ANALYSIS Senate Research Center C.S.H.B. 3387 By: Krause et al. (Whitmire) Criminal Justice 5/21/2015 Committee Report (Substituted)
BILL ANALYSIS
Senate Research Center C.S.H.B. 3387
By: Krause et al. (Whitmire)
Criminal Justice
5/21/2015
Committee Report (Substituted)
Senate Research Center
C.S.H.B. 3387
By: Krause et al. (Whitmire)
Criminal Justice
5/21/2015
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.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. C.S.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. C.S.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 after conducting a hearing that allows the releasee to contest the evidence, 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.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
C.S.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.
C.S.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.
C.S.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 after conducting a hearing that allows the releasee to contest the evidence, 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.