TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 16. TEXAS CIVIL COMMITMENT OFFICE

CHAPTER 810. CIVIL COMMITMENT

SUBCHAPTER A. CIVIL COMMITMENT GENERAL PROVISIONS

37 TAC §810.122

The Texas Civil Commitment Office (TCCO) proposes an amendment to §810.122, concerning Definitions. This amendment is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed amendment would define income and indigent for purposes of the cost recovery authorized by §841.084 of the Health and Safety Code.

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to amend this rule to define income and indigent for purposes of the cost recovery authorized by §841.084 of the Health and Safety Code.

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no fiscal impact to the state government.

Small Business and Micro-Business Impact Analysis

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this proposal.

§810.122.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Health and Safety Code Chapter 841, Civil Commitment of Sexually Violent Predators.

(2) Case Management Team--All professionals involved in the assessment, treatment, supervision, monitoring, residential housing of the client, or other approved professionals. The case manager assigned by the office shall act as the chairperson of the team.

(3) Clinical Examiner--A person or persons employed by or under contract with the office to conduct a biennial examination to assess any change in the behavioral abnormality for a person committed under the Act, §841.081.

(4) Income--For the purpose of recovery of costs under §841.084 of the Act, income includes but is not limited to: money received from employment, to include wages, salaries, tips and other taxable employee pay; disability benefits; net earnings from self-employment; funds received from the sale of property; funds received as an inheritance; interest income; retirement income; social security income; unemployment benefits; and funds received as a gift.

(5) Indigent--For the purpose of recovery of costs under §841.084 of the Act, a sexually violent predator is considered to be indigent if the sexually violent predator does not have any income.

(6) [(4)] Multidisciplinary Team (MDT)--Members of the Texas Civil Commitment Office (two), a licensed sex offender treatment provider from the Council on Sex Offender Treatment (one), Texas Department of Criminal Justice Rehabilitation Programs Division - sex offender rehabilitation program (one), Texas Department of Criminal Justice - Victim Service Division (one), a licensed peace officer employed by the Texas Department of Public Safety with at least five years' experience working for that department or the officer's designee (one), and a mental health professional from the Texas Department of State Health Services (one). The team assesses whether a person is a repeat sexually violent offender and whether the person is likely to commit a sexually violent offense after release; gives notice of its findings to the Texas Department of Criminal Justice; and recommends that the person be assessed for a behavioral abnormality.

(7) [(5)] Office--The Texas Civil Commitment Office (TCCO) including the Governing Board (Government Code Chapter 420A).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701564

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: May 28, 2017

For further information, please call: (512) 341-4421


SUBCHAPTER B. CIVIL COMMITMENT

37 TAC §810.153

The Texas Civil Commitment Office (TCCO) proposes an amendment to §810.153, concerning Tiered Treatment and Supervision Program. This amendment is proposed under the authority of the Health and Safety Code §841.141. Section 841.141 requires TCCO to adopt rules to administer Chapter 841. The proposed amendment clarifies movement of a committed person through the tiered treatment program.

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to amend this rule to clarify movement of a committed person through the tiered treatment program.

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no additional fiscal impact to the state government.

Small Business and Micro-Business Impact Analysis

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this proposal.

§810.153.Tiered Treatment and Supervision Program.

The office shall determine the conditions of supervision and treatment for persons committed under this chapter.

(1) The office shall develop a tiered program policy for the supervision and treatment of a committed person. The tiered program shall provide for the seamless transition of a committed person from a total confinement facility to less restrictive housing and supervision and eventually release based on the person's behavior and progress in treatment.

(2) The policy regarding the movement of committed persons between programming tiers shall be in accordance with Chapter 841 of the Texas Health and Safety Code. The office shall take into account the committed person's individual treatment plan and behavior in movement through programming tiers. A committed person shall be required to meet the tasks and targets of the person's current programming tier and demonstrate that the person has internalized the concepts of the current programming tier prior to movement to the next programming tier.

(3) [(2)] The office shall enter into appropriate contracts or memoranda of understanding for the provision of any necessary supervised housing and other related services and may enter into appropriate contracts for medical and mental health services and sex offender treatment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701565

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: May 28, 2017

For further information, please call: (512) 341-4421


SUBCHAPTER E. MISCELLANEOUS PROVISIONS

37 TAC §810.273

The Texas Civil Commitment Office (TCCO) proposes an amendment to §810.273, concerning Cost of Housing, Treatment and Tracking Services. This amendment is proposed under the authority of the Health and Safety Code §841.141, which requires TCCO to adopt rules to administer Chapter 841. Under Section 841.084 of the Texas Health and Safety Code, a committed person who is not indigent is responsible for the cost of housing and treatment provided under Chapter 841 and the cost of the tracking service required by Section 841.082. Section 841.084 further requires that the committed person pay the office the amount that the office determines necessary to defray the cost of the housing, treatment and tracking service with respect to the committed person. This amendment clarifies the definitions of indigent and income to be utilized and the maximum payment to be required of the committed person.

Background and Justification

TCCO, under its authority to adopt rules to administer and implement the tiered treatment program as required by §841.141 of the Texas Health and Safety Code, is proposing to amend this rule to clarify the costs to be paid by a committed person. Section 841.084 of the Texas Health and Safety Code requires a committed person who is not indigent is responsible for the cost of housing and treatment provided under Chapter 841 and the cost of the tracking service required by Section 841.082. Section 841.084 further requires that the committed person pay the office the amount that the office determines necessary to defray the cost of the housing, treatment and tracking service with respect to the committed person. This amendment clarifies the definitions of indigent and income to be utilized and the maximum payment to be required of the committed person.

Fiscal Note

David Flores, TCCO Budget Director, has determined that, for each year of the first five years the proposed rule will be in effect there will be no additional fiscal impact to the State government.

Small Business and Micro-Business Impact Analysis

There is no anticipated significant impact on small businesses, micro-business, or local or state employment as a result of implementing the proposed amendments. There is no significant anticipated economic cost to persons who are required to comply with the proposed amendments.

Public Benefit

Marsha McLane, TCCO Executive Director, has determined that for each year of the first five years the amendment will be in effect, the public benefits expected as a result of this amendment will be to ensure the adopted rule is in compliance with Chapter 841 of the Texas Health and Safety Code.

Regulatory Analysis:

TCCO has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. A "major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Analysis

TCCO has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.

Public Comment

Written comments on the proposal may be submitted to Jessica Marsh, General Counsel, Texas Civil Commitment Office 4616 W. Howard Lane Building 2 Suite 350, by fax to (512) 341-4645, or by email to publiccomment@tcco.texas.gov within thirty (30) days after publication of this proposal in the Texas Register.

Statutory Authority

The amendment is proposed under Texas Health and Safety Code §841.141, which provides TCCO with broad rulemaking authority to administer Chapter 841. The proposal implements Texas Health and Safety Code, Chapter 841. No other statutes, articles, or codes are affected by this proposal.

§810.273.Cost of Housing, Treatment, and Tracking Services.

A civilly committed person who is not indigent is responsible for the cost of housing and treatment services under Chapter 841 of the Health and Safety Code and the cost of the tracking service required by Health and Safety Code §841.082. The office shall create and administer a policy regarding cost recovery for services utilizing the definitions of indigent and income set forth in Rule §810.122, Definitions. The policy shall set forth [include] the [amount and] method of payment for the cost recovery and shall not require payment in an amount that exceeds 50% of the income of the committed person or the actual cost of the services.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2017.

TRD-201701566

Jessica Marsh

General Counsel

Texas Civil Commitment Office

Earliest possible date of adoption: May 28, 2017

For further information, please call: (512) 341-4421