HBA-MSH, EDN C.S.H.B. 223 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 223
By: Wise
Corrections
3/19/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Under current law, attorneys representing the state in the prosecution of a
sex offender are not required to provide any written comments on the
circumstances relating to the commission of the offense.  Access to such
information would help a parole panel in making a decision to release or
retain a sex offender. Also, the Texas Department of Criminal Justice
(TDCJ) is not required to notify the victims of certain sexual offenses of
the release or escape of the person serving a sentence for the offense, as
is currently required for other offenses such as stalking and family
violence.  C.S.H.B. 223 requires attorneys representing the state in the
prosecution of a sex offender to provide written comments relating to the
offense committed to TDCJ, and requires TDCJ to notify victims of the
release or escape of a sex offender. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 223 amends the Government Code to require an attorney representing
the state in the prosecution of an inmate serving a sentence for specified
sexual offenses and kidnaping and burglary offenses to provide written
comments to the Texas Department of Criminal Justice (TDCJ) on the
circumstances related to the commission of the offense and other
information determined by the attorney to be relevant to any subsequent
parole decisions regarding the inmate.  The bill places a minimum period of
time, to be determined by a parole panel, on the existing requirement as a
condition of parole or mandatory supervision that the releasee whose victim
was a child attend psychological counseling sessions for sex offenders with
an individual or organization that provides sex offender treatment or
counseling as specified by the parole officer supervising the releasee
after release. 

The bill also amends the Code of Criminal Procedure to require TDCJ or a
sheriff, whichever has custody of the inmate serving a sentence for the
aforementioned specified offenses, to notify the victim of the offense and
local law enforcement officials in the county in which the victim resides
of the inmate's completion of sentence and release or escape from a
correctional facility.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 223 removes the provision in the original that required sex
offenders to submit to a professional evaluation prior to a parole panel
hearing for the purpose of determining whether the inmate if released would
pose a threat to public safety.  The substitute authorizes a parole panel
to determine the amount of time that a sex offender must attend counseling
sessions rather than requiring the sex offender to attend for a period of
not less than three years .