| (a) Purpose. The purpose of this rule is to provide
criteria and procedures to ensure compliance with sex offender registration
requirements as provided in Chapter 62 of the Texas Code of Criminal
Procedure, regarding registration of sex offenders who are in the
custody of the Texas Juvenile Justice Department (TJJD).
(b) Applicability. This rule applies only to youth
who have a reportable adjudication as defined by Chapter 62 of the
Texas Code of Criminal Procedure.
(c) Definitions. As used in this rule, the following
terms have the following meanings, unless the context clearly indicates
otherwise.
(1) Reportable Adjudication--an adjudication of delinquent
conduct for any of the offenses listed in Article 62.001, Texas Code
of Criminal Procedure.
(2) Full Registration--a youth has a reportable adjudication
and is required to register as a sex offender and verify registration
with the local law enforcement authority.
(3) Non-Public Registration--a youth has a reportable
adjudication and is required to register as a sex offender but the
registration information is not public information.
(4) Deferred Registration--a youth has a reportable
adjudication but the court has issued an order deferring the decision
on whether to require registration.
(5) Excused or Waived Registration--a youth has a reportable
adjudication but is not required to register as a sex offender because
there is a court order exempting his/her duty to register.
(6) Completion of Treatment for a Sex Offense--a youth
has successfully completed treatment for the sex offense when a licensed
sex offender treatment provider verifies that the youth has, while
in a secure residential TJJD placement, successfully completed a sexual
behavior treatment program as identified in the youth's individual
treatment plan.
(d) General Provisions.
(1) Each youth who has a reportable adjudication will
receive treatment for the sex offense while committed to TJJD.
(2) TJJD submits sex offender registration information
to the appropriate law enforcement agencies for each youth required
by law or court order to register as a sex offender.
(e) Full Registration. Before a youth with full registration
requirements is released from a secure residential placement, TJJD:
(1) ensures that the level of risk to the community
is determined and assigned according to §380.8787 of this title;
(2) ensures that:
(A) all pre-release notifications located on the appropriate
Texas Department of Public Safety (DPS) forms have been read and explained
to the youth; and
(B) the youth has initialed and signed all appropriate
forms; and
(3) at least seven calendar days before the date of
release from a secure residential placement:
(A) completes all sex offender registration forms required
by DPS;
(B) sends the sex offender registration forms to:
(i) DPS; and
(ii) the appropriate local law enforcement authority
in the county in which the youth is expected to reside; and
(C) ensures a complete set of fingerprints, using the
sex offender registration/verification fingerprint card form approved
by DPS, and a current photograph of the youth are sent to DPS.
(f) Non-Public Registration. Before a youth with a
non-public registration requirement is released from a secure residential
placement, TJJD:
(1) completes full registration as described in subsection
(e) of this section; and
(2) includes a cover letter stating the youth's registration
is non-public and a copy of the non-public sex offender registration
court order with the registration information submitted to DPS and
the appropriate local law enforcement authority in the county in which
the youth is expected to reside.
(g) Deferred Registration.
(1) For any youth with a deferred registration order:
(A) if the youth successfully completes treatment for
the sex offense, TJJD sends notification that the youth has completed
treatment for the sex offense to the court that issued the deferred
registration order and the district attorney within ten calendar days
following verification of completion of treatment for the sex offense;
or
(B) if the youth does not successfully complete treatment
for the sex offense, not later than ten calendar days before release
or discharge, TJJD sends written notice to the court that issued the
deferred registration court order and the prosecuting attorney stating
that the youth did not successfully complete treatment for the sex
offense; and
(2) TJJD completes all required registration documents
and submits the registration information as described in subsection
(e) or (f) of this section if required by law.
(h) Notification of Changes in Status.
(1) If TJJD receives information that a youth who is
required to register as a sex offender has any changes which affect
proper supervision of the youth such as name changes, changes to physical
health, job, incarceration, or conditions of parole, TJJD notifies
the local law enforcement authority of the change(s) on the appropriate
DPS sex offender registration form within ten calendar days following
receipt of the information.
(2) If TJJD receives information that a youth who is
required to register as a sex offender has changed or intends to change
address, TJJD notifies the local law enforcement authority of the
change on the appropriate DPS sex offender registration form:
(A) at least seven calendar days before the change
of address; or
(B) no more than three calendar days after obtaining
the information if the information was not known prior to the change
of address.
(i) Interstate Compact for Juveniles.
(1) For out-of-state youth who are accepted to reside
in Texas under cooperative parole supervision and who have been adjudicated
for an offense under the laws of another state or federal law that
contains elements that are substantially similar to an offense requiring
registration under Chapter 62 of the Texas Code of Criminal procedure:
(A) TJJD ensures compliance with Texas laws requiring
sex offender registration; and
(B) if the youth has an out-of-state order excusing
sex offender registration, TJJD completes full registration in Texas:
(i) unless the duty to register is waived or exempted
by an order issued by a Texas court; or
(ii) until the duty to register expires.
(2) For youth who are required to register as sex offenders
in Texas and who are accepted to reside in other states under cooperative
parole supervision, TJJD notifies the appropriate registering agency
in the receiving state of the youth's registration in Texas.
|
| Source Note: The provisions of this §380.8785 adopted to be effective December 14, 2003, 28 TexReg 11103; amended to be effective November 8, 2005, 30 TexReg 7231; amended to be effective November 1, 2011, 36 TexReg 7173; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257 |
