Texas Health And Safety Code Title 11, Chapter 841 - Civil Commitment Of Sexually Violent Predators
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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...
- Texas Section 841.002 - Definitions
In this chapter: (1) "Attorney representing the state" means a district attorney, criminal district attorney, or county attorney with felony criminal jurisdiction who represents the...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B NOTICE OF POTENTIAL PREDATOR; INITIAL DETERMINATIONS
- Texas Section 841.007 - Duties Of Texas Civil Commitment Office
The Texas Civil Commitment Office is responsible for: (1) providing appropriate and necessary treatment and supervision for committed persons through the case management system; and...
- Texas Section 841.021 - Notice Of Potential Predator
(a) Subject to Subsection (a-1) and except as provided by Subsection (d), before the person's anticipated release date, the Texas Department of Criminal Justice shall...
- Texas Section 841.022 - Multidisciplinary Team
(a) The executive director of the Texas Department of Criminal Justice shall establish a multidisciplinary team to review available records of a person referred to...
SUBCHAPTER C PETITION ALLEGING PREDATOR STATUS
- Texas Section 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 shall assess whether...
- Texas Section 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 the court of conviction for...
SUBCHAPTER D TRIAL
- Texas Section 841.042 - Assistance From Special Prosecution Unit
On request of the attorney representing the state, the special prosecution unit shall provide legal, financial, and technical assistance to the attorney for a civil...
- Texas Section 841.061 - Trial
(a) The judge shall conduct a trial to determine whether the person is a sexually violent predator: (1) not later than the 270th day after...
- Texas Section 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...
- Texas Section 841.063 - Continuance
(a) Except as provided by Subsection (b), the judge may continue a trial or hearing conducted under this chapter if the person is not substantially...
- Texas Section 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...
SUBCHAPTER E CIVIL COMMITMENT
- Texas Section 841.065 - Agreed Order
An agreed order of civil commitment must require the person to submit to the treatment and supervision administered by the office. Added by Acts 2015,...
- Texas Section 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...
- Texas Section 841.082 - Commitment Requirements
(a) Before entering an order directing a person's civil commitment, the judge shall impose on the person requirements necessary to ensure the person's compliance with...
- Texas Section 841.0821 - Sex Offender Treatment Before Release From Secure Correctional Facility
(a) The Texas Department of Criminal Justice shall prioritize enrolling in a sex offender treatment program established by the department any committed person who has...
- Texas Section 841.0822 - Required Procedures Before Release From Secure Correctional Facility
Before a committed person is released from a secure correctional facility, the Texas Department of Criminal Justice shall ensure that: (1) the Department of Public...
- Texas Section 841.083 - Treatment; Supervision
(a) The office shall determine the conditions of supervision and treatment of a committed person. (b) The office shall provide supervision to the person. The...
- Texas Section 841.0831 - Tiered Program
(a) The office shall develop a tiered program for the supervision and treatment of a committed person. (b) The tiered program must provide for the...
- Texas Section 841.0832 - Housing Facilities
(a) The office shall operate, or contract with a vendor to operate, one or more facilities provided for the purpose of housing committed persons. (b)...
- Texas Section 841.0833 - Security And Monitoring
The office shall develop procedures for the security and monitoring of committed persons in each programming tier. Added by Acts 2015, 84th Leg., R.S., Ch....
- Texas Section 841.0834 - Movement Between Programming Tiers
(a) The office shall transfer a committed person to less restrictive housing and supervision if the transfer is in the best interests of the person...
- Texas Section 841.0835 - Committed Persons With Special Needs
The Health and Human Services Commission shall coordinate with the office to provide psychiatric services, disability services, and housing for a committed person with an...
- Texas Section 841.0836 - Release From Housing
A committed person released from housing operated by or under contract with the office shall be released to the county in which the person was...
- Texas Section 841.084 - Payment Of Costs By Committed Person
(a) Notwithstanding Section 841.146(c), a civilly committed person who is not indigent: (1) is responsible for the cost of: (A) housing and treatment provided under...
- Texas Section 841.0845 - Notice Of Intent Regarding New Residence Or Facility
(a) The office shall provide advance notice of any intent to house one or more committed persons at a new residence or facility that has...
SUBCHAPTER F COMMITMENT REVIEW
- Texas Section 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...
- Texas Section 841.101 - Biennial Examination
(a) A person committed under Section 841.081 shall receive a biennial examination. The office shall contract for an expert to perform the examination. (b) In...
- Texas Section 841.102 - Biennial Review
(a) Not later than the 60th day after the date of receipt of the report submitted under Section 841.101, the judge shall conduct a biennial...
SUBCHAPTER G PETITION FOR RELEASE
- Texas Section 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...
- Texas Section 841.121 - Authorized Petition For Release
(a) If the office determines that the committed person's behavioral abnormality has changed to the extent that the person is no longer likely to engage...
- Texas Section 841.122 - Right To File Unauthorized Petition For Release
On a person's commitment and annually after that commitment, the office shall provide the person with written notice of the person's right to file with...
- Texas Section 841.123 - Review Of Unauthorized Petition For Release
(a) If the committed person files a petition for release without the office's authorization, the person shall serve the petition on the court and the...
SUBCHAPTER H MISCELLANEOUS PROVISIONS
- Texas Section 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 office's authorization,...
- Texas Section 841.141 - Rulemaking Authority
(a) The office by rule shall administer this chapter. Rules adopted by the office under this section must be consistent with the purposes of this...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 841.150 - Effect Of Subsequent Detention, Confinement, Or Commitment On Order Of Civil Commitment
(a) The duties imposed on the office and the judge by this chapter are suspended for the duration of a detention or confinement of a...
- Texas Section 841.151 - Notice Of Release Of Sexually Violent Predator
(a) In this section: (1) "Correctional facility" has the meaning assigned by Section 1.07, Penal Code. (2) "Secure correctional facility" and "secure detention facility" have...
Last modified: September 28, 2016