Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

How Does a Sex Offender Get Civilly Committed?
Not every repeat sexually violent offender, as defined above, will be subject to civil commitment. In
order to be civilly committed, Tex. Health And Safety Code § 841.081 requires that the repeat
sexually violent offender must also have a “behavioral abnormality” that makes him or her a “sexually
violent predator.”
If a person is a repeat sexually violent offender, a procedure is set in motion before his or her release
to determine whether the person is a sexually violent predator who should be civilly committed upon
release. A prosecutor must petition the court to find that the offender is a sexually violent predator,
and the offender can be civilly committed by a jury trial, a trial before a judge, or an agreed order. The
remainder of this section will examine that procedure.
The Civil Commitment Process
Preliminary Recommendations
Sixteen months prior to an offender’s release from prison or a mental health facility, TDCJ identifies
all sex offenders who have more than one sexually violent offense. Section 841.022, Health and Safety
Code, establishes a multidisciplinary team to evaluate which sex offenders may meet the qualifications
as sexually violent predators. The multidisciplinary team consists of representatives from the Council on
Sex Offender Treatment, TDCJ, TDCJ-Victim Services, the Department of State Health Services Mental
Health Division, and the Department of Public Safety.
In order to determine whether an offender might qualify as a sexually violent predator, it reviews
offenders’ identifying information, criminal history, treatment history, behavioral record from the
institution, victim impact statements, protest letters, and an assessment of the offender’s likelihood to
commit another sexually violent offense upon release. Based on that information, the team assesses
whether the person is a repeat sexually violent offender and determines whether the person is likely to
commit a sexually violent offense after release. If a majority of the members agree, then the offender is
recommended for the first behavioral abnormality assessment.
If, after an assessment, an expert believes the person suffers from a behavioral abnormality, TDCJ or
MHMR will notify the attorney representing the state of the results of the assessment.
The Petition Alleging Predator Status and Trial
If the attorney representing the state receives a notification from TDCJ or MHMR as described above,
she or he may choose to file a petition to have the offender classified as a sexually violent predator.
ADVOCACY ACTION: Importantly, during the discovery stage of any civil commitment
court proceeding described in this section, an offender has no right to personal
information identifying a victim. Under Tex. Health And Safety Code § 841.1462, that
information is privileged. (p. 59, Privacy)
Experts from both sides will re-evaluate the offender for a behavioral abnormality prior to the trial. Most,
if not all, the evidence presented during this trial will usually be from mental health experts who can
testify about the offender’s behavioral abnormality assessment.
At the trial, the judge or jury will determine whether the offender is a sexually violent predator. The state
must prove that beyond a reasonable doubt, and if there is a jury, the verdict must be unanimous.
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