|(a) General Definitions.
(1) Act--Texas Occupations Code, Chapter 110, relating
to the Council on Sex Offender Treatment.
(2) Biennium--Every 2 years.
(3) Case Management--The coordination and implementation
of activities directed toward supervising, treating, and managing
the adult sex offender or juvenile who commit sexual offenses.
(4) Client(s)--Used interchangeably with adult sex
offenders and juveniles who commit sexual offenses.
(5) Council--The Council on Sex Offender Treatment.
(6) Custodian--The adult who is responsible for an
adult or child.
(7) Fiscal Year--September 1 through August 31.
(8) Guardian--The person who, under court order, is
the guardian of the person of the adult or the child, or the public
or private agency with whom the adult or juvenile has been placed
by a court.
(9) HIPAA--Health Insurance Portability and Accountability
Act, Title 45, Code of Federal Regulations (CFR), Parts 160 and 164.
(10) Juvenile Court--A court designated under the Family
Code, Title 3, Juvenile Justice Code, §51.04, to exercise jurisdiction
over the proceedings.
(11) Licensee--A treatment provider licensed by the
council and who is recognized based on training and experience to
provide assessment and treatment to adult sex offenders and/or juveniles
who commit sexual offenses who have been convicted, adjudicated, deferred,
or referred by a State agency or court.
(12) Mental Health or Medical License--A person licensed
in Texas to practice as a physician, psychiatrist, psychologist, psychological
associate, provisionally licensed psychologist, licensed professional
counselor, licensed professional counselor intern, licensed marriage
and family therapist, licensed marriage and family associate, licensed
clinical social worker, licensed master social worker under a TSBSWE's
approved clinical supervision plan, or advanced practice registered
nurse recognized as a psychiatric clinical nurse specialist or psychiatric
mental health nurse practitioner, and who provides the treatment of
sex offenders and/or juveniles who commit sexual offenses.
(13) Reciprocity--The granting of an official license
based on the current status of licensure in a different jurisdiction.
Reciprocity is granted based on the formal written agreement between
the council and regulatory body in the other jurisdiction.
(14) Reportable Conviction or Adjudication--A conviction
or adjudication, regardless of the pendency of an appeal.
(15) TSBSWE--The Texas State Board of Social Work Examiners.
(b) Treatment Definitions.
(1) Ability to Give Consent--As stated in Penal Code,
§1.07, "assent in fact whether expressed or not," and as recognized
under Family Code, §2.102 and §2.103.
(2) Accountability--Accurate attributions of responsibility,
without distortion, minimization, or denial.
(3) Adaptive Behavior--The effectiveness with which
a person meets the standards of personal independence and social responsibility
reasonably expected of the person's age, sex, and cultural group (Health
and Safety Code, Chapter 614).
(4) Aversive Conditioning for Deviant Arousal--Behavioral
techniques that involve pairing deviant sexual arousal with a noxious
stimulus in order to modify deviant sexual arousal.
(5) Clarification--The process designed for the primary
benefit of the victim, by which the adult sex offender or juvenile
with sexual behavior problems clarifies that the responsibility for
the assault/abuse resides with the adult offender or juvenile and
addresses the harm done to the victim and the family.
(6) Collateral Victims--Relatives or other persons
closely involved with the primary victim and client who are severely
impacted emotionally or physically by the trauma suffered by the victim.
(7) Denial--The refusal or inability to acknowledge
in whole or in part sexually deviant arousal, sexually deviant intent,
and/or sexually deviant behavior.
(8) Deviant Sexual Arousal--A pattern of physiological
sexual responses to inappropriate fantasies, thoughts, objects, animals,
and/or persons that may or may not precede a sexual act.
(9) Deviant Sexual Behavior--A sexual act that meets
one or more of the criteria defined by state law. This includes sexual
arousal to or interest in prepubescent children, sexual violence,
(10) Developmental Disability--A severe and chronic
disability that is attributable to a mental or physical impairment
or a combination of physical and mental impairments, is manifested
before age 22, is likely to continue indefinitely, and results in
substantial functional limitations in three or more of the major life
activities (Health and Safety Code, Chapter 614).
(11) Dynamic Risk Factors--Risk factors that can change
over time and are important targets for treatment and supervision.
(12) Empathy--The ability to identify and understand
another person's feelings, situation, or ideas.
(13) Empirically Supported Approaches--Treatment or
therapeutic approaches and techniques that have been derived from
and guided by peer-reviewed studies.
(14) Grooming--The process of desensitizing and manipulating
the victim(s) and/or others for the purpose of gaining an opportunity
to commit a sexually deviant act.
(15) Juvenile who commits sexual offenses--A person
who at the time of the offense:
(A) is 10 years of age or older and under 17 years
of age and who has been adjudicated of committing a sex crime under
the laws of a state, the United States, the Uniform Code of Military
Justice, or any foreign country laws; or
(B) is 17 years of age or older and on probation who
has been adjudicated of committing a sex crime under the laws of a
state, the United States, the Uniform Code of Military Justice, or
any foreign country laws before becoming 17 years of age.
(16) Mental Illness--An illness, disease, or condition,
other than epilepsy, senility, alcoholism, or mental deficiency, that
substantially impairs a person's thoughts, perception of reality,
emotional processes, or judgment, or grossly impairs behavior as demonstrated
by recent disturbed behavior (Health and Safety Code, Chapter 571).
(17) Mental Retardation--A significantly sub-average
general intellectual functioning that is concurrent with deficits
in adaptive behavior and originates during the developmental period
(Health and Safety Code, §591.003).
(18) Non-Deceptive Polygraph Examination Result--A
non-deceptive polygraph examination result must include no significant
criteria normally associated with deception to the relevant questions.
The examinee's salience should be focused on the comparison questions.
Examiners will utilize an accepted numerical scoring system to ensure
a non-deceptive result.
(19) Offense Sequence--The specific sequence(s) of
thoughts, feelings, behaviors, and events that may occur before, during,
or after a sexual offense is committed.
(20) Penile Plethysmograph (PPG)--A diagnostic method
to assess sexual arousal by measuring the blood flow (tumescence)
to the penis during the presentation of sexual stimuli in a controlled
setting by providing the identification of a clients' physiological
arousal in response to sexual stimuli (audio/visual).
(21) Polygraph (Clinical) Examination--The employment
of any instrumentation complying with the required minimum standards
of the Texas Polygraph Examiner's Act and used for the purpose of
measuring the physiological changes associated with deception. The
following are descriptions of the four general types of polygraphs
(A) Instant Sexual Offense Polygraph--addresses the
offense of conviction in conjunction or adjudication with the official
(B) Sexual History Polygraph--addresses the complete
sexual history of the client up to the instant offense;
(C) Maintenance Polygraph--addresses compliance with
conditions of supervision and treatment; and
(D) Monitoring Polygraph--addresses whether the client
has committed a "new" sexual offense.
(22) Polygraph Examiner--A person with a current license
approved by the Texas Department of Licensing and Regulation and who
meets minimum criteria to be listed by the Joint Polygraph Committee
on Offender Testing (JPCOT) and/or the American Polygraph Association
(APA) Post-Conviction Sex Offender Testing (PCSOT) Standards for polygraphing
adult sex offenders and juveniles who commit sexual offenses.
(23) Reoffense Prevention Plan--A multilevel plan that
assists the client in developing strategies to addresses the risk
factors or precursors that have typically preceded sexual offenses.
(24) Safety Plan--A written document derived from the
process of planning for community safety. The document identifies
potential high-risk situation and addresses ways in which situations
will be handled without the adult sex offender or juvenile placing
others at risk.
(25) Sex Offender--A person who:
(A) is or has been convicted or adjudicated of a sex
crime under the laws of the State of Texas, any other state or territory,
or under federal law, including a conviction of a sex crime under
the Uniform Code of Military Justice;
(B) is or has been awarded deferred adjudication for
a sex crime under the laws of the State of Texas, any other state
or territory, or under federal law; or
(C) is or has been convicted, adjudicated, or received
deferred adjudication for a sexually motivated offense which involved
the intent to arouse or gratify the sexual desire of any person immediately
before, during, or immediately after the commission of an offense.
(26) Sex Offender Specific Treatment--Treatment modalities
that are based on empirical research with regard to favorable treatment
outcomes and are professionally accepted in the field of sex offender
treatment and the treatment of juveniles who commit sexual offenses.
Offense specific treatment means a long-term comprehensive set of
planned treatment experiences and interventions that modify sexually
deviant thoughts, fantasies, and behaviors and that utilize specific
strategies to promote change and to reduce the chance of re-offending.
Currently, the primary treatment modality is cognitive behavioral
group treatment. Sex offender treatment does not include general rehabilitation
or clinical services provided in a criminal justice or juvenile justice
institution as a part of the mainstream adjunct treatment programs.
(27) Static Risk Factors--Risk factors that are unlikely
to change over time.
(28) Sub-Average General Intellectual Functioning--The
measured intelligence on standardized psychometric instruments of
two or more standard deviations below the age-group mean for the tests
used (Health and Safety Code, §591.003).
(29) Successful Completion of Sex Offender Specific
Treatment--Shall be determined by licensees based upon an analysis
of risk, needs and responsivity issues. Factors to be considered shall
include but are not limited to admitting and accepting responsibility
for all criminal behavior, demonstrating the ability to control deviant
sexual arousal, understanding the sexual offense cycle, increase in
pro-social behaviors, increase in appropriate support systems, improved
social competency, compliance with supervision, compliance with court
conditions, increased understanding of victimization, no deception
indicated on exit polygraphs, no deception indicated on the sex history
polygraph, approved safety plans, approved reoffense prevention plans,
successful completion of adjunct treatments (for example: anger management,
substance abuse, etc.), and the demonstrated integration and practical
application of the skills presented in treatment. Each of these issues
regarding successful completion of treatment shall be addressed unless
precluded by §810.65 of this title (relating to the Assessment
and Treatment of Juveniles Who Commit Sexual Offenses), §810.67
of this title (relating to the Assessment and Treatment Standards
for Developmentally Delayed Clients).
(30) Visual Reaction Time (VRT)--The measurement of
sexual interest based on the relative amount of time spent looking
at visual stimuli.