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RULE §810.122Definitions

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) Chemical Restraints--Chemical agents or inflammatory agents such as Oleoresin Capsicum (OC) or Orthochlorobenzalmalononitrile (CS) spray, that are designed to temporarily immobilize or incapacitate through temporary discomfort caused by the chemical action.

  (4) 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.

  (5) Income--

    (A) or the purpose of recovery of costs under §841.084 of the Act, income includes but is not limited to:

      (i) money received from employment, to include wages, salaries, tips and other taxable employee pay;

      (ii) disability benefits;

      (iii) net earnings from self-employment;

      (iv) net gain from the sale of property purchased while under civil commitment;

      (v) net income from rental property or an ownership in an on-going business;

      (vi) interest or dividend income; retirement income;

      (vii) social security income;

      (viii) unemployment benefits;

      (ix) proceeds from lottery winnings; and

      (x) gifts of cash.

    (B) The following are excluded from Income:

      (i) funds or property received from a judgment;

      (ii) an inheritance;

      (iii) funds or property received from a divorce decree;

      (iv) insurance proceeds;

      (v) transfers of funds from a spouse which shall not exceed $100.00 monthly; or

      (vi) proceeds from the sale of property acquired prior to being civilly committed.

  (6) 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.

  (7) Mechanical Restraints--Items such as handcuffs, cuff protectors, plastic cuffs (disposable type), leg irons, belly chains etc. and are designed to immobilize or incapacitate a client.

  (8) 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.

  (9) Office--The Texas Civil Commitment Office (TCCO) including the Governing Board (Government Code Chapter 420A).

Source Note: The provisions of this §810.122 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 481; amended to be effective February 28, 2018, 43 TexReg 1140; amended to be effective November 14, 2021, 46 TexReg 7803

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