Highlights of the 79th Texas Legislature - Senate

CRIMINAL JUSTICE/SEX OFFENDERS
and human services program to a person required to register as a sex offender under Chapter 62, Code of Criminal
Procedure.
Regulation of Sex Offender Treatment Providers─H.B. 2036
By Representative Ray Allen—Senate Sponsor: Senator Shapiro
Under current law, a person does not have to be registered with the Council on Sex Offender Treatment in order to
provide treatment to sex offenders. As a result, there are no governing rules or a standard of practice in the treatment
of sex offenders. This bill:
Increases to seven members the Council on Sex Offender Treatment (council).
Provides that information concerning the treatment of a sex offender includes: criminal history; the discharge
summary; the official offense report; progress reports; test results; victim statements; and any other information
necessary for the treatment of the sex offender.
Creates a mandatory regulatory structure for sex offender treatment providers.
Requires the council to maintain a list of sex offender treatment providers, rather than a registry, and to develop and
implement, by rule, license registration requirements.
Prohibits a person from providing a rehabilitation service or acting as a sex offender treatment provider unless the
person is licensed.
Prohibits a person from claiming to be a sex offender treatment provider, or using the title "sex offender treatment
provider" or a similar title or an abbreviation that implies the person is a sex offender treatment provider, unless the
person is licensed.
Requires the council, in developing the rules, to coordinate with the Texas Department of Criminal Justice (TDCJ),
the Texas Youth Commission (TYC), and the Texas Juvenile Probation Commission.
Authorizes the Texas Board of Criminal Justice or the governing board of TYC to vote to exempt employees of TDCJ
or TYC, as appropriate, from a specific licensing requirement imposed under this section if the board determines that
the requirement causes financial or operational hardship on the agency.
Establishes provisions for hearings, penalties, and license suspensions for sex offender treatment providers.
Establishes the Dynamic Risk Assessment Pilot Program for adult sex offenders who are treated in counties with
populations of one million or more, with costs incurred to be paid by the probationer, and requires the council to work
directly with appropriate entities to develop, implement, research, and deploy dynamic risk assessment tools and
protocols for use by persons licensed under this Act.
Requires the council, not later than November 1, 2006, to report to the criminal justice division of the governor's office
on the progress of implementing the pilot program.
Requires the report to include information on the program's use of all dynamic risk assessment tools, including
plethysmograph and visual reaction time assessments, and the use of dynamic risk assessment protocols.
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 41