The department may impose counseling and polygraph conditions before releasing certain children under supervision, and must require registration plus a DNA specimen unless already provided under other law.
Sec. 245.053. SEX OFFENDER COUNSELING AND TREATMENT. (a) Before releasing a child described by Subsection (b) under supervision, the department: (1) may require as a condition of release that the child: (A) attend psychological counseling sessions for sex offenders as provided by Subsection (e); and (B) submit to a polygraph examination as provided by Subsection (f) for purposes of evaluating the child's treatment progress; and (2) shall require as a condition of release that the child: (A) register under Chapter 62, Code of Criminal Procedure; and (B) submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the child, unless the child has already submitted the required specimen under other state law. (b) This section applies to a child adjudicated for engaging in delinquent conduct constituting an offense for which the child is required to register as a sex offender under Chapter 62, Code of Criminal Procedure. (c) Psychological counseling required as a condition of release under Subsection (a) must be with an individual or organization that: (1) provides sex offender treatment or counseling; (2) is specified by the department; and (3) meets minimum standards of counseling established by the department. (d) A polygraph examination required as a condition of release under Subsection (a) must be administered by an individual who is specified by the department. (e) In addition to specifying a sex offender treatment provider to provide counseling to a child described by Subsection (b), the department shall: (1) establish with the cooperation of the treatment provider the date, time, and place of the first counseling session between the child and the treatment provider; (2) notify the child and the treatment provider before the release of the child of the date, time, and place of the first counseling session between the child and the treatment provider; and (3) require the treatment provider to notify the department immediately if the child fails to attend any scheduled counseling session. (f) If the department specifies a polygraph examiner under Subsection (d) to administer a polygraph examination to a child, the department shall arrange for a polygraph examination to be administered to the child: (1) not later than the 60th day after the date the child attends the first counseling session established under Subsection (e); and (2) after the initial polygraph examination, as required by Subdivision (1), on the request of the treatment provider specified under Subsection (c). (g) If the department requires as a condition of release that a child attend psychological counseling under Subsection (a), the department shall notify the court that committed the child to the department. After receiving notification from the department under this subsection, the court may order the parent or guardian of the child to: (1) attend four sessions of instruction with an individual or organization specified by the department relating to: (A) sexual offenses; (B) family communication skills; (C) sex offender treatment; (D) victims' rights; (E) parental supervision; and (F) appropriate sexual behavior; and (2) during the time the child attends psychological counseling, participate in monthly treatment groups conducted by the child's treatment provider relating to the child's psychological counseling. (h) A court that orders a parent or guardian of a child to attend instructional sessions and participate in treatment groups under Subsection (g) shall require: (1) the individual or organization specified by the department under Subsection (g) to notify the court immediately if the parent or guardian fails to attend any scheduled instructional session; and (2) the child's treatment provider specified under Subsection (c) to notify the court immediately if the parent or guardian fails to attend a session in which the parent or guardian is required to participate in a scheduled treatment group. (i) If the department requires as a condition of release that a child attend psychological counseling under Subsection (a), the department may, before the date the period of release ends, petition the appropriate court to request the court to extend the period of release for an additional period necessary to complete the required counseling as determined by the treatment provider, except that the release period may not be extended to a date after the date of the child's 18th birthday. Transferred, redesignated and amended from Human Resources Code, Subchapter F, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.007, eff. September 1, 2011. Amended by: Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 2.04, eff. September 1, 2021.