Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

What Does Civil Commitment Entail?
Essentially, civil commitment in Texas is the most stringent form of supervision and treatment. It is similar to
probation or parole. Unlike commitment programs in some other states, civilly committed offenders in Texas
are not confined in any treatment facility. Instead, all treatment services are outpatient, and other provisions
in the law address public safety. Nevertheless, failure to comply with civil commitment requirements
could result in a new third degree felony conviction. Section 841.082, Health and Safety Code, sets out
the requirements and restrictions imposed on all sexually violent predators who are civilly committed:
• The offender must reside in a residential facility approved by the Council on Sex Offender Treatment.
• The offender is prohibited from:
o Having contact with a victim or potential victim of the offender
o Possessing or using alcohol, inhalants, or any controlled substance
o Changing residences without prior authorization from the judge
o Leaving the state without prior authorization from the judge
• The offender must:
o Comply with a specific course of mandated treatment
o Submit to global positioning satellite (GPS) tracking in real time
o Refrain from tampering with the GPS equipment
o Notify his or her case manager immediately of any change in job or health status
o Notify his or her case manager of any incarceration
• If deemed appropriate, the judge may establish a child safety zone that prohibits the offender from
going near children under 17 (see Section 13B, Article 42.12, Code of Criminal Procedure)
• Any other requirements the judge determines are necessary for the specific offender
Because civil commitment is not intended as a criminal punishment, but instead aims to treat the offender
for a behavioral abnormality, the law also requires the state to provide treatment for civilly committed
offenders (Tex. Health And Safety Code § 841.083(a)).
In addition to the restrictions listed above, civil commitment also involves intensive supervision and
surveillance by a case manager, approval requirements for travel, restricted transportation, mandatory
polygraphs and penile plethysmographs, and sex offender registration every 30 days. It is similar in
operation to community supervision for other offenders (p. 63, Community Supervision).
The case manager is the chair of the interagency case management team. The team includes but is not
limited to the licensed sex offender treatment provider, law enforcement, polygraph examiner, halfway
house staff, mental health professionals (if applicable), and parole officials (if applicable). Case managers
investigate possible violations of commitment orders and take action for non-compliance. The case
manager is a liaison for the community and for the court. He or she makes recommendations to the judge
regarding any modifications to the commitment order and periodically reports to the court about the
offender’s commitment status.
Section 841.085, Health and Safety Code, makes it a third degree felony for a civilly committed offender
to fail to comply with any part of his or her commitment requirements.
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