NWSCA

Northwest Security Coordinators Online Newsletter
August 1999


 
Up-Date on Sex Offender Verification
Major G. Sturgis

The State Legislature has passed numerous changes to the present sex offender registration requirements.
 
The most prominent change is civil commitment.  This is basically a process by which a judge or jury determines if convicted sex offenders should be labeled  sexually violent predators (SVP).  If this is the determination made then the individual is civilly committed.
However, civil commitment is a misnomer as the SVP is released from prison, and restrictions placed upon the SVP, such as:
 
Requiring the person to reside in a particular location; prohibiting the person’s contact with a victim or potential victim of the person; prohibiting the person’s use of alcohol or a controlled substance; requiring the person’s participation in a specific course of treatment; requiring the person to submit to tracking under a particular type of tracking service and to any other appropriate supervision; prohibiting the person from changing the person’s residence without prior authorization from the judge and from leaving the state without that authorization. If determined appropriate by the judge, establishing a child safety zone in the same manner as a child safety zone is established by a judge under Section 13B, Article 42.12, Code of Criminal Procedure, and requiring the person to comply with requirements related to the safety zone. Requiring the person to notify the case manager within 48 hours of any change in the person’s status that affects proper treatment and supervision, including a change in the person’s physical health or job status and including any incarceration of the person, and any other requirements determined necessary by the judge.
 
Additionally, treatment is mandated to include polygraph tests.  Failure to comply with this is a Third Degree Felony, or 2 to 10 years in the Texas Department Criminal justice - housing.
They are not kept in prison because of the tremendous expense involved.  Other states that actually house their SVPS recommended that.
Additionally, the Legislature improved the Public Notice requirements.  Law Enforcement will publish the following:  full name, age, and gender, a description of the offense, the City, Street or physical address with zip code and a recent picture or web site where the picture is available free.
The Department of Public Safety will not be able to charge for internet inquiries on sex offenders.  A DNA file will be built containing sex offender, murder, aggravated assault and burglary defendants.  A sex offender’s driver’s license will have information that the holder is subject to the registration requirements of the Sex Offender Statues.

Most of these laws will go into effect September 1, 1999.

 

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