2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter B. Notice of Potential Predator; Initial Determinations › Section 841.021. Notice of Potential Predator

Sec. 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 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.
(a-1)  Regardless of whether any exigent circumstances are present, the Texas Department of Criminal Justice may give notice under this section with respect to a person who is scheduled to be released on parole or to mandatory supervision only if the person's anticipated release date is not later than 24 months after the date on which the notice will be given.  The department may not give notice with respect to a person who is currently released on parole or to mandatory supervision, but the multidisciplinary team may perform the functions described by Section 841.022(c) within the applicable period required by that subsection if the written notice required by this section was received by the team before the date of the person's release.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 845 , Sec. 39(2), eff. June 17, 2015.
(c)  The Texas Department of Criminal Justice shall give the notice described by Subsection (a) not later than the first day of the 24th month before the person's anticipated release date, but under exigent circumstances may give the notice at any time before that date, except as provided by Subsection (a-1).  The notice must contain the following information:
(1)  the person's name, identifying factors, anticipated residence after release, 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.
(d)  The Texas Department of Criminal Justice may not provide notice under Subsection (a) of the anticipated release of a person for whom the department has previously provided notice under this section and who has been previously recommended for an assessment under Section 841.022 unless, after the recommendation for assessment was made:
(1)  the person is convicted of a new sexually violent offense; or
(2)  the person's parole or mandatory supervision is revoked based on:
(A)  the commission of a new sexually violent offense;
(B)  failure to adhere to the requirements of sex offender treatment and supervision; or
(C)  failure to register as a sex offender.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 849 (S.B. 912), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 5, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 4, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 39(2), eff. June 17, 2015.