Texas Code of Criminal Procedure - Article 62.007. Risk Assessment Review Committee; Sex Offender Screening Tool

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Art. 62.007. RISK ASSESSMENT REVIEW COMMITTEE;  SEX OFFENDER 
SCREENING TOOL.  (a) The Texas Department of Criminal Justice shall 
establish a risk assessment review committee composed of at least 
seven members, each of whom serves on the review committee in 
addition to the member's other employment-related duties.  The 
review committee, to the extent feasible, must include at least:
	(1)  one member having experience in law enforcement;                          
	(2)  one member having experience working with juvenile sex 
offenders;       
	(3)  one member having experience as a sex offender treatment 
provider;      
	(4)  one member having experience working with victims of sex 
offenses;      
	(5)  the executive director of the Council on Sex Offender 
Treatment;  and   
	(6)  one sex offender treatment provider registered under 
Chapter 110, Occupations Code, and selected by the executive 
director of the Council on Sex Offender Treatment to serve on the 
review committee.
	(b)  The risk assessment review committee functions in an 
oversight capacity.  The committee shall:
	(1)  develop or select, from among existing tools or from any 
tool recommended by the Council on Sex Offender Treatment, a sex 
offender screening tool to be used in determining the level of risk 
of a person subject to registration under this chapter;
	(2)  ensure that staff is trained on the use of the screening 
tool;          
	(3)  monitor the use of the screening tool in the state;  and                  
	(4)  analyze other screening tools as they become available 
and revise or replace the existing screening tool if warranted.
	(c)  The sex offender screening tool must use an objective 
point system under which a person is assigned a designated number of 
points for each of various factors.  In developing or selecting the 
sex offender screening tool, the risk assessment review committee 
shall use or shall select a screening tool that may be adapted to 
use the following general guidelines:
	(1)  level one (low):  a designated range of points on the sex 
offender screening tool indicating that the person poses a low 
danger to the community and will not likely engage in criminal 
sexual conduct;
	(2)  level two (moderate):  a designated range of points on 
the sex offender screening tool indicating that the person poses a 
moderate danger to the community and might continue to engage in 
criminal sexual conduct;  and
	(3)  level three (high):  a designated range of points on the 
sex offender screening tool indicating that the person poses a 
serious danger to the community and will continue to engage in 
criminal sexual conduct.
	(d)  The risk assessment review committee, the Texas 
Department of Criminal Justice, the Texas Youth Commission, or a 
court may override a risk level only if the entity:
	(1)  believes that the risk level assessed is not an accurate 
prediction of the risk the offender poses to the community;  and
	(2)  documents the reason for the override in the offender's 
case file.      
	(e)  Notwithstanding Chapter 58, Family Code, records and 
files, including records that have been sealed under Section 58.003 
of that code, relating to a person for whom a court, the Texas 
Department of Criminal Justice, or the Texas Youth Commission is 
required under this article to determine a level of risk shall be 
released to the court, department, or commission, as appropriate, 
for the purpose of determining the person's risk level.
	(f)  Chapter 551, Government Code, does not apply to a 
meeting of the risk assessment review committee.
	(g)  The numeric risk level assigned to a person using the 
sex offender screening tool described by this article is not 
confidential and is subject to disclosure under Chapter 552, 
Government Code.

Added by Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, eff. Sept. 1, 
2005.     

Last modified: August 10, 2007