CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 841.001. LEGISLATIVE FINDINGS. The legislature finds that

a small but extremely dangerous group of sexually violent

predators exists and that those predators have a behavioral

abnormality that is not amenable to traditional mental illness

treatment modalities and that makes the predators likely to

engage in repeated predatory acts of sexual violence. The

legislature finds that the existing involuntary commitment

provisions of Subtitle C, Title 7, are inadequate to address the

risk of repeated predatory behavior that sexually violent

predators pose to society. The legislature further finds that

treatment modalities for sexually violent predators are different

from the traditional treatment modalities for persons appropriate

for involuntary commitment under Subtitle C, Title 7. Thus, the

legislature finds that a civil commitment procedure for the

long-term supervision and treatment of sexually violent predators

is necessary and in the interest of the state.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.002. DEFINITIONS. In this chapter:

(1) "Attorney representing the state" means an attorney employed

by the civil division of the special prosecution unit to initiate

and pursue a civil commitment proceeding under this chapter.

(2) "Behavioral abnormality" means a congenital or acquired

condition that, by affecting a person's emotional or volitional

capacity, predisposes the person to commit a sexually violent

offense, to the extent that the person becomes a menace to the

health and safety of another person.

(3) "Case manager" means a person employed by or under contract

with the council to perform duties related to outpatient

treatment and supervision of a person committed under this

chapter.

(3-a) "Civil commitment proceeding" means a trial or hearing

conducted under Subchapter D, F, or G.

(4) "Council" means the Council on Sex Offender Treatment.

(5) "Predatory act" means an act directed toward individuals,

including family members, for the primary purpose of

victimization.

(6) "Repeat sexually violent offender" has the meaning assigned

by Section 841.003.

(7) "Secure correctional facility" means a county jail or a

confinement facility operated by or under contract with any

division of the Texas Department of Criminal Justice.

(7-a) "Sexually motivated conduct" means any conduct involving

the intent to arouse or gratify the sexual desire of any person

immediately before, during, or immediately after the commission

of an offense.

(8) "Sexually violent offense" means:

(A) an offense under Section 21.02, 21.11(a)(1), 22.011, or

22.021, Penal Code;

(B) an offense under Section 20.04(a)(4), Penal Code, if the

person committed the offense with the intent to violate or abuse

the victim sexually;

(C) an offense under Section 30.02, Penal Code, if the offense

is punishable under Subsection (d) of that section and the person

committed the offense with the intent to commit an offense listed

in Paragraph (A) or (B);

(D) an offense under Section 19.02 or 19.03, Penal Code, that,

during the guilt or innocence phase or the punishment phase for

the offense, during the adjudication or disposition of delinquent

conduct constituting the offense, or subsequently during a civil

commitment proceeding under Subchapter D, is determined beyond a

reasonable doubt to have been based on sexually motivated

conduct;

(E) an attempt, conspiracy, or solicitation, as defined by

Chapter 15, Penal Code, to commit an offense listed in Paragraph

(A), (B), (C), or (D);

(F) an offense under prior state law that contains elements

substantially similar to the elements of an offense listed in

Paragraph (A), (B), (C), (D), or (E); or

(G) an offense under the law of another state, federal law, or

the Uniform Code of Military Justice that contains elements

substantially similar to the elements of an offense listed in

Paragraph (A), (B), (C), (D), or (E).

(9) "Sexually violent predator" has the meaning assigned by

Section 841.003.

(10) "Tracking service" means an electronic monitoring service,

global positioning satellite service, or other appropriate

technological service that is designed to track a person's

location.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 16, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

849, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 3.45, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

1219, Sec. 5, eff. September 1, 2007.

Sec. 841.003. SEXUALLY VIOLENT PREDATOR. (a) A person is a

sexually violent predator for the purposes of this chapter if the

person:

(1) is a repeat sexually violent offender; and

(2) suffers from a behavioral abnormality that makes the person

likely to engage in a predatory act of sexual violence.

(b) A person is a repeat sexually violent offender for the

purposes of this chapter if the person is convicted of more than

one sexually violent offense and a sentence is imposed for at

least one of the offenses or if:

(1) the person:

(A) is convicted of a sexually violent offense, regardless of

whether the sentence for the offense was ever imposed or whether

the sentence was probated and the person was subsequently

discharged from community supervision;

(B) enters a plea of guilty or nolo contendere for a sexually

violent offense in return for a grant of deferred adjudication;

(C) is adjudged not guilty by reason of insanity of a sexually

violent offense; or

(D) is adjudicated by a juvenile court as having engaged in

delinquent conduct constituting a sexually violent offense and is

committed to the Texas Youth Commission under Section 54.04(d)(3)

or (m), Family Code; and

(2) after the date on which under Subdivision (1) the person is

convicted, receives a grant of deferred adjudication, is adjudged

not guilty by reason of insanity, or is adjudicated by a juvenile

court as having engaged in delinquent conduct, the person commits

a sexually violent offense for which the person:

(A) is convicted, but only if the sentence for the offense is

imposed; or

(B) is adjudged not guilty by reason of insanity.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.004. SPECIAL PROSECUTION UNIT. The civil division of

the special prosecution unit, separate from that part of the unit

responsible for prosecuting criminal cases, is responsible for

initiating and pursuing a civil commitment proceeding under this

chapter.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1219, Sec. 6, eff. September 1, 2007.

Sec. 841.005. OFFICE OF STATE COUNSEL FOR OFFENDERS. (a)

Except as provided by Subsection (b), the Office of State Counsel

for Offenders shall represent an indigent person subject to a

civil commitment proceeding under this chapter.

(b) If for any reason the Office of State Counsel for Offenders

is unable to represent an indigent person described by Subsection

(a) at a civil commitment proceeding under this chapter, the

court shall appoint other counsel to represent the indigent

person.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 17, eff.

Sept. 1, 2003.

Sec. 841.006. APPLICATION OF CHAPTER. This chapter does not:

(1) prohibit a person committed under this chapter from filing

at any time a petition for release under this chapter; or

(2) create for the committed person a cause of action against

another person for failure to give notice within a period

required by Subchapter B, C, or D.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 17, eff.

Sept. 1, 2003.

Sec. 841.007. DUTIES OF COUNCIL ON SEX OFFENDER TREATMENT. The

Council on Sex Offender Treatment is responsible for providing

appropriate and necessary treatment and supervision through the

case management system.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 17, eff.

Sept. 1, 2003.

SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR; INITIAL

DETERMINATIONS

Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. (a) Before the

person's anticipated release date, the Texas Department of

Criminal Justice shall give to the multidisciplinary team

established under Section 841.022 written notice of the

anticipated release of a person who:

(1) is serving a sentence for:

(A) a sexually violent offense described by Section

841.002(8)(A), (B), or (C); or

(B) what is, or as described by this chapter what the department

reasonably believes may be determined to be, a sexually violent

offense described by Section 841.002(8)(D); and

(2) may be a repeat sexually violent offender.

(b) Before the person's anticipated discharge date, the Texas

Department of Mental Health and Mental Retardation shall give to

the multidisciplinary team established under Section 841.022

written notice of the anticipated discharge of a person who:

(1) is committed to the department after having been adjudged

not guilty by reason of insanity of:

(A) a sexually violent offense described by Section

841.002(8)(A), (B), or (C); or

(B) what is, or as described by this chapter what the department

reasonably believes may be determined to be, a sexually violent

offense described by Section 841.002(8)(D); and

(2) may be a repeat sexually violent offender.

(c) The Texas Department of Criminal Justice or the Texas

Department of Mental Health and Mental Retardation, as

appropriate, shall give the notice described by Subsection (a) or

(b) not later than the first day of the 16th month before the

person's anticipated release or discharge date, but under exigent

circumstances may give the notice at any time before the

anticipated release or discharge date. The notice must contain

the following information:

(1) the person's name, identifying factors, anticipated

residence after release or discharge, and criminal history;

(2) documentation of the person's institutional adjustment and

actual treatment; and

(3) an assessment of the likelihood that the person will commit

a sexually violent offense after release or discharge.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

849, Sec. 2, eff. September 1, 2005.

Sec. 841.022. MULTIDISCIPLINARY TEAM. (a) The executive

director of the Texas Department of Criminal Justice and the

commissioner of the Texas Department of Mental Health and Mental

Retardation jointly shall establish a multidisciplinary team to

review available records of a person referred to the team under

Section 841.021. The team must include:

(1) two persons from the Texas Department of Mental Health and

Mental Retardation;

(2) two persons from the Texas Department of Criminal Justice,

one of whom must be from the victim services office of that

department;

(3) one person from the Texas Department of Public Safety; and

(4) two persons from the council or council personnel.

(b) The multidisciplinary team may request the assistance of

other persons in making an assessment under this section.

(c) Not later than the 60th day after the date the

multidisciplinary team receives notice under Section 841.021(a)

or (b), the team shall:

(1) assess whether the person is a repeat sexually violent

offender and whether the person is likely to commit a sexually

violent offense after release or discharge;

(2) give notice of that assessment to the Texas Department of

Criminal Justice or the Texas Department of Mental Health and

Mental Retardation, as appropriate; and

(3) recommend the assessment of the person for a behavioral

abnormality, as appropriate.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 18, eff.

Sept. 1, 2003.

Sec. 841.023. ASSESSMENT FOR BEHAVIORAL ABNORMALITY. (a) Not

later than the 60th day after the date of a recommendation under

Section 841.022(c), the Texas Department of Criminal Justice or

the Texas Department of Mental Health and Mental Retardation, as

appropriate, shall assess whether the person suffers from a

behavioral abnormality that makes the person likely to engage in

a predatory act of sexual violence. To aid in the assessment, the

department required to make the assessment shall use an expert to

examine the person. That department may contract for the expert

services required by this subsection. The expert shall make a

clinical assessment based on testing for psychopathy, a clinical

interview, and other appropriate assessments and techniques to

aid the department in its assessment.

(b) If as a result of the assessment the Texas Department of

Criminal Justice or the Texas Department of Mental Health and

Mental Retardation believes that the person suffers from a

behavioral abnormality, the department making the assessment

shall give notice of that assessment and provide corresponding

documentation to the attorney representing the state not later

than the 60th day after the date of a recommendation under

Section 841.022(c).

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 19, eff.

Sept. 1, 2003.

SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS

Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. (a) If a

person is referred to the attorney representing the state under

Section 841.023, the attorney may file, in a Montgomery County

district court other than a family district court, a petition

alleging that the person is a sexually violent predator and

stating facts sufficient to support the allegation.

(b) A petition described by Subsection (a) must be:

(1) filed not later than the 90th day after the date the person

is referred to the attorney representing the state; and

(2) served on the person as soon as practicable after the date

the petition is filed.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 20, eff.

Sept. 1, 2003.

SUBCHAPTER D. TRIAL

Sec. 841.061. TRIAL. (a) Not later than the 270th day after

the date a petition is served on the person under Section

841.041, the judge shall conduct a trial to determine whether the

person is a sexually violent predator.

(b) The person or the state is entitled to a jury trial on

demand. A demand for a jury trial must be filed in writing not

later than the 10th day before the date the trial is scheduled to

begin.

(c) The person and the state are each entitled to an immediate

examination of the person by an expert. All components of the

examination must be completed not later than the 90th day before

the date the trial begins.

(d) Additional rights of the person at the trial include the

following:

(1) the right to appear at the trial;

(2) except as provided by Subsection (f), the right to present

evidence on the person's behalf;

(3) the right to cross-examine a witness who testifies against

the person; and

(4) the right to view and copy all petitions and reports in the

court file.

(e) The attorney representing the state may rely on the petition

filed under Section 841.041 and supplement the petition with

documentary evidence or live testimony.

(f) A person who is on trial to determine the person's status as

a sexually violent predator is required to submit to all expert

examinations that are required or permitted of the state to

prepare for the person's trial. A person who fails to submit to

expert examination on the state's behalf as required by this

subsection is subject to the following consequences:

(1) the person's failure to participate may be used as evidence

against the person at trial;

(2) the person may be prohibited from offering into evidence the

results of an expert examination performed on the person's

behalf; and

(3) the person may be subject to contempt proceedings if the

person violates a court order by failing to submit to an expert

examination on the state's behalf.

(g) A judge assigned to preside over a trial under this

subchapter is not subject to an objection under Section 74.053,

Government Code, other than an objection made under Section

74.053(d), Government Code.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 21, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1219, Sec. 7, eff. June 15, 2007.

Sec. 841.062. DETERMINATION OF PREDATOR STATUS. (a) The judge

or jury shall determine whether, beyond a reasonable doubt, the

person is a sexually violent predator. Either the state or the

person is entitled to appeal the determination.

(b) A jury determination that the person is a sexually violent

predator must be by unanimous verdict.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.063. CONTINUANCE. The judge may continue a trial or

hearing conducted under this chapter if the person is not

substantially prejudiced by the continuance and:

(1) on the request of either party and a showing of good cause;

or

(2) on the judge's own motion in the due administration of

justice.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 22, eff.

Sept. 1, 2003.

Sec. 841.064. MISTRIAL. A trial following a mistrial must begin

not later than the 90th day after the date a mistrial was

declared in the previous trial, unless the later trial is

continued as provided by Section 841.063.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

SUBCHAPTER E. CIVIL COMMITMENT

Sec. 841.081. CIVIL COMMITMENT OF PREDATOR. (a) If at a trial

conducted under Subchapter D the judge or jury determines that

the person is a sexually violent predator, the judge shall commit

the person for outpatient treatment and supervision to be

coordinated by the case manager. The commitment order is

effective immediately on entry of the order, except that the

outpatient treatment and supervision begins on the person's

release from a secure correctional facility or discharge from a

state hospital and continues until the person's behavioral

abnormality has changed to the extent that the person is no

longer likely to engage in a predatory act of sexual violence.

(b) At any time after entry of a commitment order under

Subsection (a), the case manager may provide to the person

instruction regarding the requirements associated with the order,

regardless of whether the person is incarcerated at the time of

the instruction.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 23, eff.

Sept. 1, 2003.

Sec. 841.082. COMMITMENT REQUIREMENTS. (a) Before entering an

order directing a person's outpatient civil commitment, the judge

shall impose on the person requirements necessary to ensure the

person's compliance with treatment and supervision and to protect

the community. The requirements shall include:

(1) requiring the person to reside in a Texas residential

facility under contract with the council or at another location

or facility approved by the council;

(2) prohibiting the person's contact with a victim or potential

victim of the person;

(3) prohibiting the person's possession or use of alcohol,

inhalants, or a controlled substance;

(4) requiring the person's participation in and compliance with

a specific course of treatment;

(5) requiring the person to:

(A) submit to tracking under a particular type of tracking

service and to any other appropriate supervision; and

(B) refrain from tampering with, altering, modifying,

obstructing, or manipulating the tracking equipment;

(6) prohibiting the person from changing the person's residence

without prior authorization from the judge and from leaving the

state without that prior authorization;

(7) if determined appropriate by the judge, establishing a child

safety zone in the same manner as a child safety zone is

established by a judge under Section 13B, Article 42.12, Code of

Criminal Procedure, and requiring the person to comply with

requirements related to the safety zone;

(8) requiring the person to notify the case manager immediately

but in any event within 24 hours of any change in the person's

status that affects proper treatment and supervision, including a

change in the person's physical health or job status and

including any incarceration of the person; and

(9) any other requirements determined necessary by the judge.

(b) A tracking service to which a person is required to submit

under Subsection (a)(5) must:

(1) track the person's location in real time;

(2) be able to provide a real-time report of the person's

location to the case manager at the case manager's request; and

(3) periodically provide a cumulative report of the person's

location to the case manager.

(c) The judge shall provide a copy of the requirements imposed

under Subsection (a) to the person and to the council. The

council shall provide a copy of those requirements to the case

manager and to the service providers.

(d) The court retains jurisdiction of the case with respect to a

civil commitment proceeding conducted under Subchapters F and G.

(e) The requirements imposed under Subsection (a) may be

modified at any time after notice to each affected party to the

proceedings and a hearing.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 24, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

849, Sec. 3, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

849, Sec. 7(1), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.12, eff. September 1, 2007.

Sec. 841.083. TREATMENT; SUPERVISION. (a) The council shall

approve and contract for the provision of a treatment plan for

the committed person to be developed by the treatment provider. A

treatment plan may include the monitoring of the person with a

polygraph or plethysmograph. The treatment provider may receive

annual compensation in an amount not to exceed $6,000 for

providing the required treatment.

(b) The case manager shall provide supervision to the person.

The provision of supervision shall include a tracking service

and, if required by court order, supervised housing.

(c) The council shall enter into appropriate memoranda of

understanding with the Texas Department of Public Safety for the

provision of a tracking service and for assistance in the

preparation of criminal complaints, warrants, and related

documents and in the apprehension and arrest of a person.

(c-1) Notwithstanding Subsection (c) or any other provision of

this subchapter, the council shall provide through the case

management system any supervision or tracking service required

under this chapter for persons residing in Dallas, Harris, or

Tarrant County. The council shall provide the tracking service

under this subsection through two employees of the Department of

State Health Services. Any tracking personnel used by the

department for purposes of this chapter must be approved by the

council.

(c-2) If the equipment necessary to implement the tracking

service is available through a contract entered into by the

comptroller, the Department of Public Safety or the council, as

appropriate, shall acquire that equipment through that contract.

(d) The council shall enter into appropriate memoranda of

understanding for any necessary supervised housing. The council

shall reimburse the applicable provider for housing costs under

this section. The committed person may not be housed for any

period of time in a mental health facility, state school, or

community center, unless the placement results from a commitment

of the person to that facility, school, or center by governmental

action. In this subsection:

(1) "Community center" means a center established under

Subchapter A, Chapter 534.

(2) "Mental health facility" has the meaning assigned by Section

571.003.

(3) "State school" has the meaning assigned by Section 531.002.

(e) The case manager shall:

(1) coordinate the outpatient treatment and supervision required

by this chapter, including performing a periodic assessment of

the success of that treatment and supervision;

(2) make timely recommendations to the judge on whether to allow

the committed person to change residence or to leave the state

and on any other appropriate matters; and

(3) provide a report to the council, semiannually or more

frequently as necessary, which must include:

(A) any known change in the person's status that affects proper

treatment and supervision; and

(B) any recommendations made to the judge.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 25, eff.

Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

849, Sec. 4, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.94, eff. September 1, 2007.

Sec. 841.084. COST OF TRACKING SERVICE. Notwithstanding Section

841.146(c), a civilly committed person who is not indigent is

responsible for the cost of the tracking service required by

Section 841.082 and monthly shall pay to the council the amount

that the council determines will be necessary to defray the cost

of operating the service with respect to the person during the

subsequent month. The council immediately shall transfer the

money to the appropriate service provider.

Added by Acts 2007, 80th Leg., R.S., Ch.

593, Sec. 1.13, eff. September 1, 2007.

Sec. 841.085. CRIMINAL PENALTY; PROSECUTION OF OFFENSE. (a) A

person commits an offense if, after having been adjudicated and

civilly committed as a sexually violent predator under this

chapter, the person violates a civil commitment requirement

imposed under Section 841.082.

(b) An offense under this section is a felony of the third

degree.

(c) At the request of the local prosecuting attorney, an

attorney employed by the civil division of the special

prosecution unit described by Section 841.004 may assist in the

trial of an offense under this section.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1219, Sec. 8, eff. September 1, 2007.

SUBCHAPTER F. COMMITMENT REVIEW

Sec. 841.101. BIENNIAL EXAMINATION. (a) A person committed

under Section 841.081 shall receive a biennial examination. The

council shall contract for an expert to perform the examination.

(b) In preparation for a judicial review conducted under Section

841.102, the case manager shall provide a report of the biennial

examination to the judge. The report must include consideration

of whether to modify a requirement imposed on the person under

this chapter and whether to release the person from all

requirements imposed on the person under this chapter. The case

manager shall provide a copy of the report to the council.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.102. BIENNIAL REVIEW. (a) The judge shall conduct a

biennial review of the status of the committed person.

(b) The person is entitled to be represented by counsel at the

biennial review, but the person is not entitled to be present at

that review.

(c) The judge shall set a hearing if the judge determines at the

biennial review that:

(1) a requirement imposed on the person under this chapter

should be modified; or

(2) probable cause exists to believe that the person's

behavioral abnormality has changed to the extent that the person

is no longer likely to engage in a predatory act of sexual

violence.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.103. HEARING. (a) At a hearing set by the judge under

Section 841.102, the person and the state are entitled to an

immediate examination of the person by an expert.

(b) If the hearing is set under Section 841.102(c)(1), hearsay

evidence is admissible if it is considered otherwise reliable by

the judge.

(c) If the hearing is set under Section 841.102(c)(2), the

committed person is entitled to be present and to have the

benefit of all constitutional protections provided to the person

at the initial civil commitment proceeding. On the request of the

person or the attorney representing the state, the court shall

conduct the hearing before a jury. The burden of proof at that

hearing is on the state to prove beyond a reasonable doubt that

the person's behavioral abnormality has not changed to the extent

that the person is no longer likely to engage in a predatory act

of sexual violence.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

SUBCHAPTER G. PETITION FOR RELEASE

Sec. 841.121. AUTHORIZED PETITION FOR RELEASE. (a) If the case

manager determines that the committed person's behavioral

abnormality has changed to the extent that the person is no

longer likely to engage in a predatory act of sexual violence,

the case manager shall authorize the person to petition the court

for release.

(b) The petitioner shall serve a petition under this section on

the court and the attorney representing the state.

(c) The judge shall set a hearing on a petition under this

section not later than the 30th day after the date the judge

receives the petition. The petitioner and the state are entitled

to an immediate examination of the petitioner by an expert.

(d) On request of the petitioner or the attorney representing

the state, the court shall conduct the hearing before a jury.

(e) The burden of proof at the hearing is on the state to prove

beyond a reasonable doubt that the petitioner's behavioral

abnormality has not changed to the extent that the petitioner is

no longer likely to engage in a predatory act of sexual violence.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.122. RIGHT TO FILE UNAUTHORIZED PETITION FOR RELEASE.

On a person's commitment and annually after that commitment, the

case manager shall provide the person with written notice of the

person's right to file with the court and without the case

manager's authorization a petition for release.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.123. REVIEW OF UNAUTHORIZED PETITION FOR RELEASE. (a)

If the committed person files a petition for release without the

case manager's authorization, the person shall serve the petition

on the court and the attorney representing the state.

(b) On receipt of a petition for release filed by the committed

person without the case manager's authorization, the judge shall

attempt as soon as practicable to review the petition.

(c) Except as provided by Subsection (d), the judge shall deny

without a hearing a petition for release filed without the case

manager's authorization if the petition is frivolous or if:

(1) the petitioner previously filed without the case manager's

authorization another petition for release; and

(2) the judge determined on review of the previous petition or

following a hearing that:

(A) the petition was frivolous; or

(B) the petitioner's behavioral abnormality had not changed to

the extent that the petitioner was no longer likely to engage in

a predatory act of sexual violence.

(d) The judge is not required to deny a petition under

Subsection (c) if probable cause exists to believe that the

petitioner's behavioral abnormality has changed to the extent

that the petitioner is no longer likely to engage in a predatory

act of sexual violence.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.124. HEARING ON UNAUTHORIZED PETITION FOR RELEASE. (a)

If as authorized by Section 841.123 the judge does not deny a

petition for release filed by the committed person without the

case manager's authorization, the judge shall conduct as soon as

practicable a hearing on the petition.

(b) The petitioner and the state are entitled to an immediate

examination of the person by an expert.

(c) On request of the petitioner or the attorney representing

the state, the court shall conduct the hearing before a jury.

(d) The burden of proof at the hearing is on the state to prove

beyond a reasonable doubt that the petitioner's behavioral

abnormality has not changed to the extent that the petitioner is

no longer likely to engage in a predatory act of sexual violence.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

SUBCHAPTER H. MISCELLANEOUS PROVISIONS

Sec. 841.141. RULEMAKING AUTHORITY. (a) The council by rule

shall administer this chapter. Rules adopted by the council under

this section must be consistent with the purposes of this

chapter.

(b) The council by rule shall develop standards of care and case

management for persons committed under this chapter.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.142. RELEASE OR EXCHANGE OF INFORMATION. (a) To

protect the public and to enable an assessment or determination

relating to whether a person is a sexually violent predator, any

entity that possesses relevant information relating to the person

shall release the information to an entity charged with making an

assessment or determination under this chapter.

(b) To protect the public and to enable the provision of

supervision and treatment to a person who is a sexually violent

predator, any entity that possesses relevant information relating

to the person shall release the information to the case manager.

(c) On the written request of any attorney for another state or

for a political subdivision in another state, the Texas

Department of Criminal Justice, the council, a service provider

contracting with one of those agencies, the multidisciplinary

team, and the attorney representing the state shall release to

the attorney any available information relating to a person that

is sought in connection with an attempt to civilly commit the

person as a sexually violent predator in another state.

(d) To protect the public and to enable an assessment or

determination relating to whether a person is a sexually violent

predator or to enable the provision of supervision and treatment

to a person who is a sexually violent predator, the Texas

Department of Criminal Justice, the council, a service provider

contracting with one of those agencies, the multidisciplinary

team, and the attorney representing the state may exchange any

available information relating to the person.

(e) Information subject to release or exchange under this

section includes information relating to the supervision,

treatment, criminal history, or physical or mental health of the

person, as appropriate, regardless of whether the information is

otherwise confidential and regardless of when the information was

created or collected. The person's consent is not required for

release or exchange of information under this section.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 27, eff.

Sept. 1, 2003.

Sec. 841.143. REPORT, RECORD, OR STATEMENT SUBMITTED TO COURT.

(a) A psychological report, drug and alcohol report, treatment

record, diagnostic report, medical record, or victim impact

statement submitted to the court under this chapter is part of

the record of the court.

(b) Notwithstanding Subsection (a), the report, record, or

statement must be sealed and may be opened only:

(1) on order of the judge;

(2) as provided by this chapter; or

(3) in connection with a criminal proceeding as otherwise

provided by law.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Sec. 841.144. COUNSEL. (a) Immediately after the filing of a

petition under Section 841.041, a person subject to a civil

commitment proceeding under this chapter is entitled to the

assistance of counsel at all stages of the proceeding.

(b) If the person is indigent, the court shall appoint counsel

as appropriate under Section 841.005 to assist the person.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 28, eff.

Sept. 1, 2003.

Sec. 841.145. EXPERT. (a) At the person's own expense, a

person who is examined under this chapter may retain an expert to

perform an examination or participate in a civil commitment

proceeding on the person's behalf, including a biennial

examination or other civil commitment proceeding to assess the

person's status as a sexually violent predator.

(b) On the request of an indigent person examined under this

chapter, the judge shall determine whether expert services for

the person are necessary. If the judge determines that the

services are necessary, the judge shall appoint an expert to

perform an examination or participate in a civil commitment

proceeding on the person's behalf and shall approve compensation

for the expert as appropriate under Subsection (c).

(c) The court shall approve reasonable compensation for expert

services rendered on behalf of an indigent person on the filing

of a certified compensation claim supported by a written

statement specifying:

(1) time expended on behalf of the person;

(2) services rendered on behalf of the person;

(3) expenses incurred on behalf of the person; and

(4) compensation received in the same case or for the same

services from any other source.

(d) The court shall ensure that an expert retained or appointed

under this section has for purposes of examination reasonable

access to a person examined under this chapter, as well as to all

relevant medical and psychological records and reports.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

849, Sec. 5, eff. September 1, 2005.

Sec. 841.146. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND COSTS.

(a) On request, a person subject to a civil commitment

proceeding under this chapter and the attorney representing the

state are entitled to a jury trial or a hearing before a jury for

that proceeding, except for a proceeding set by the judge under

Section 841.102(c)(1). The number and selection of jurors are

governed by Chapter 33, Code of Criminal Procedure.

(b) Except as otherwise provided by this subsection, a civil

commitment proceeding is subject to the rules of procedure and

appeal for civil cases. To the extent of any conflict between

this chapter and the rules of procedure and appeal for civil

cases, this chapter controls.

(c) In an amount not to exceed $2,500, the State of Texas shall

pay all costs associated with a civil commitment proceeding

conducted under Subchapter D. The State of Texas shall pay the

reasonable costs of state or appointed counsel or experts for any

other civil commitment proceeding conducted under this chapter

and shall pay the reasonable costs of the person's outpatient

treatment and supervision.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 29, eff.

Sept. 1, 2003.

Sec. 841.1461. CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR CIVIL

COMMITMENT OF SEXUALLY VIOLENT PREDATOR. A person who suffers

from a behavioral abnormality as determined under this chapter is

not because of that abnormality a person of unsound mind for

purposes of Section 15-a, Article I, Texas Constitution.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1,

2003.

Sec. 841.1462. PRIVILEGE FOR PERSONAL INFORMATION THAT

IDENTIFIES VICTIM. Personal information, including a home

address, home telephone number, and social security account

number, that identifies the victim of a person subject to a civil

commitment proceeding under this chapter is privileged from

discovery by that person.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1,

2003.

Sec. 841.1463. FAILURE TO GIVE NOTICE WITHIN RELEVANT PERIOD NOT

JURISDICTIONAL ERROR. The periods within which notice must be

given under this chapter are binding on all appropriate persons

as provided by this chapter, but a failure to give notice within

the relevant period is not a jurisdictional error.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1,

2003.

Sec. 841.147. IMMUNITY. The following persons are immune from

liability for good faith conduct under this chapter:

(1) an employee or officer of the Texas Department of Criminal

Justice, the Department of State Health Services, the Department

of Aging and Disability Services, or the council;

(2) a member of the multidisciplinary team established under

Section 841.022;

(3) an employee of the civil division of the special prosecution

unit charged with initiating and pursuing civil commitment

proceedings under this chapter; and

(4) a person providing, or contracting, appointed, or

volunteering to perform, a tracking service or another service

under this chapter.

Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 347, Sec. 31, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1219, Sec. 9, eff. September 1, 2007.

Sec. 841.150. EFFECT OF SUBSEQUENT COMMITMENT OR CONFINEMENT ON

ORDER OF CIVIL COMMITMENT. (a) The duties imposed by this

chapter are suspended for the duration of any confinement of a

person, or any commitment of a person to a community center,

mental health facility, or state school, by governmental action.

(b) In this section:

(1) "Community center" means a center established under

Subchapter A, Chapter 534.

(2) "Mental health facility" has the meaning assigned by Section

571.003.

(3) "State school" has the meaning assigned by Section 531.002.

Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

849, Sec. 6, eff. September 1, 2005.