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Relating to the powers and duties of the Texas Civil Commitment Office and to certain requirements regarding the payment of costs associated with civil commitment by persons civilly committed as sexually violent predators.
No fiscal implication to the State is anticipated.
SB 1154 would exempt the Texas Civil Commitment office from requirements of minimum standards of uniform practice for a state agency, public participation in the rule-making process and the law of judicial review, for sexually violent predators. The bill would also allow the TCCO to issue an emergency retention order for a committed person's immediate apprehension for the purpose of returning the person to a more restrictive setting following a transfer to less restrictive housing and supervision a release. The order could also be issued for a recently committed person who is not in the custody of the Texas Department of Criminal Justice at the time the commitment order is entered, bringing the person into the office’s custody. Finally, this bill would require a committed person, upon request, to provide financial information to the office for purposes of determining if they are indigent.
Texas Action remains neutral on SB 1154 because it does not affect our liberty principles. This would close a loophole to prevent legal challenges from inmates claiming that all security and monitoring procedures should be codified as an administrative rule. This exception already applies to TDCJ.