Texas Human Resources Code - Section 61.0813. Sex Offender Counseling And Treatment
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Texas Laws > Human Resources Code > Texas Human Resources Code - Section 61.0813. Sex Offender Counseling And Treatment
§ 61.0813. SEX OFFENDER COUNSELING AND TREATMENT. (a)
Before releasing a child described by Subsection (b) under
supervision, the commission:
(1) may require as a condition of release that the
child:
(A) attend psychological counseling sessions for
sex offenders as provided by Subsection (e); and
(B) submit to a polygraph examination as provided
by Subsection (f) for purposes of evaluating the child's treatment
progress; and
(2) shall require as a condition of release that the
child:
(A) register under Chapter 62, Code of Criminal
Procedure; and
(B) submit a blood sample or other specimen to
the Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
child, unless the child has already submitted the required specimen
under other state law.
(b) This section applies to a child adjudicated for engaging
in delinquent conduct constituting an offense for which the child
is required to register as a sex offender under Chapter 62, Code of
Criminal Procedure.
(c) Psychological counseling required as a condition of
release under Subsection (a) must be with an individual or
organization that:
(1) provides sex offender treatment or counseling;
(2) is specified by the commission; and
(3) meets minimum standards of counseling established
by the commission.
(d) A polygraph examination required as a condition of
release under Subsection (a) must be administered by an individual
who is:
(1) specified by the commission; and
(2) licensed as a polygraph examiner under Chapter
1703, Occupations Code.
(e) In addition to specifying a sex offender treatment
provider to provide counseling to a child described by Subsection
(b), the commission shall:
(1) establish with the cooperation of the treatment
provider the date, time, and place of the first counseling session
between the child and the treatment provider;
(2) notify the child and the treatment provider before
the release of the child of the date, time, and place of the first
counseling session between the child and the treatment provider;
and
(3) require the treatment provider to notify the
commission immediately if the child fails to attend any scheduled
counseling session.
(f) If the commission specifies a polygraph examiner under
Subsection (d) to administer a polygraph examination to a child,
the commission shall arrange for a polygraph examination to be
administered to the child:
(1) not later than the 60th day after the date the
child attends the first counseling session established under
Subsection (e); and
(2) after the initial polygraph examination, as
required by Subdivision (1), on the request of the treatment
provider specified under Subsection (c).
(g) If the commission requires as a condition of release
that a child attend psychological counseling under Subsection (a),
the commission shall notify the court that committed the child to
the commission. After receiving notification from the commission
under this subsection, the court may order the parent or guardian of
the child to:
(1) attend four sessions of instruction with an
individual or organization specified by the commission relating to:
(A) sexual offenses;
(B) family communication skills;
(C) sex offender treatment;
(D) victims' rights;
(E) parental supervision; and
(F) appropriate sexual behavior; and
(2) during the time the child attends psychological
counseling, participate in monthly treatment groups conducted by
the child's treatment provider relating to the child's
psychological counseling.
(h) A court that orders a parent or guardian of a child to
attend instructional sessions and participate in treatment groups
under Subsection (g) shall require:
(1) the individual or organization specified by the
commission under Subsection (g) to notify the court immediately if
the parent or guardian fails to attend any scheduled instructional
session; and
(2) the child's treatment provider specified under
Subsection (c) to notify the court immediately if the parent or
guardian fails to attend a session in which the parent or guardian
is required to participate in a scheduled treatment group.
(i) If the commission requires as a condition of release
that a child attend psychological counseling under Subsection (a),
the commission may, before the date the period of release ends,
petition the appropriate court to request the court to extend the
period of release for an additional period necessary to complete
the required counseling as determined by the treatment provider,
except that the release period may not be extended to a date after
the date of the child's 18th birthday.
Added by Acts 1997, 75th Leg., ch. 669, § 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 211, § 17, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1420, § 14.814, eff. Sept. 1,
2001.
Section: 61.077 61.0772 61.078 61.079 61.081 61.0811 61.0812 61.0813 61.082 61.083 61.084 61.0841 61.091 61.0911 61.092
Last modified: August 11, 2007
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