1. (a) Definitions.

   1. (1) Jurisdictional Authority--A sentencing court, the Board of Pardons and Paroles (BPP) or a division of the Texas Department of Criminal Justice (TDCJ) as applicable to the offender.
   2. (2) Sex Crime--A reportable offense under Art. 62.001(5), Texas Code of Criminal Procedure (TCCP).

   3. (3) Sex Offender--An offender who:

      1. (A) Is convicted of committing or adjudicated to have committed a sex crime under state or federal law;
      2. (B) Is awarded deferred adjudication for a sex crime under state or federal law;
      3. (C) Is convicted of, adjudicated to have committed or awarded deferred adjudication for an offense that is based on sexually motivated conduct; or
      4. (D) Has been ordered by the jurisdictional authority to participate in sex offender supervision or treatment.

2. (b) Community Supervision and Corrections Departments (CSCDs) supervising sex offenders shall ensure consistency in the manner in which sex offenders are supervised throughout the department. Policies and procedures shall be developed that, at a minimum, include the following:

   1. (1) Contact standards as per 37 Texas Administrative Code (TAC) §163.35(c)(7);
   2. (2) Sex offender registration as per TCCP, Chapter 62:
   3. (3) DNA collection as per TCCP, art. 42.12, Sec. 11(a)(22);
   4. (4) Violation procedures as per 37 TAC §163.35(c)(9);
   5. (5) Victim services as per Texas Government Code, §76.016;
   6. (6) Treatment referral process as per TCCP, art. 42.12, Sec. 13B(c);
   7. (7) Treatment participation requirements;
   8. (8) Team approach to supervision;
   9. (9) Sharing of information/documentation with the appropriate agencies; and
   10. (10) Specialized caseload size, if applicable.
3. (c) CSCDs shall develop policies and procedures that address the needs and safety of victims or potential victims. The policies may include collaborating with victims, victim advocates or sexual assault task forces in the supervision and treatment of sex offenders.
4. (d) Community Supervision Officers (CSOs) shall use a record keeping system to document all significant actions, decisions, services rendered and periodic evaluations in the offender's case file, including the offender's status regarding level of supervision, compliance with the conditions of community supervision, progress with the supervision plan and responses to intervention.
5. (e) CSOs shall collaborate with collateral sources. Collateral sources may include treatment providers, polygraph examiners, significant others, sex offender registration personnel, sex offenders' families, local law enforcement, schools, Children's Protective Services (CPS), employers, chaperones and victim service providers.
6. (f) CSOs shall recommend that conditions be tailored to the sex offender's identified risk.
7. (g) CSOs shall make face-to-face, field visits and collateral contacts with the offender, family, community resources or other persons pursuant to and consistent with a supervision plan and the level of supervision on which the offender is being supervised. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction, but in all cases, offenders at higher levels of supervision shall receive a higher level of contacts than offenders at lower levels of supervision. Supervision contacts shall be specified in the CSCDs written policies and procedures.
8. (h) CSCD directors shall work in conjunction with the local judiciary to specify written policies and procedures wherein CSOs may make recommendations to the courts regarding violations of conditions of community supervision, as well as when violations may be handled administratively. The availability of the continuum of sanctions or alternatives to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction.
9. (i) CSOs shall timely transmit information regarding supervision and treatment at the time supervision is transferred.

10. (j) In addition to the above, CSCDs may operate specialized caseloads for sex offenders. In this event, CSCDs shall have a written policy that:

    1. (1) Establishes minimum qualifications for CSOs supervising sex offenders;
    2. (2) Determines the minimum training requirements for CSOs supervising sex offenders; and
    3. (3) Specifies the number of staff required for the increased level of supervision essential for the specialized supervision of sex offenders. The recommended CSO to offender ratio is one (1) to 45.

Source Note:The provisions of this §163.38 adopted to be effective April 17, 2003, 28 TexReg 3066; amended to be effective April 17, 2008, 33 TexReg 2961.