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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
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Chapter 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS |
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Subchapter B. NOTICE OF POTENTIAL PREDATOR; INITIAL DETERMINATIONS |
Sec. 841.021. NOTICE OF POTENTIAL PREDATOR
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(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 Department of State Health Services 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 Department of State Health Services, 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.