Section 810.2 - Definitions(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, and hypersexuality.(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 utilized: (A) Instant Sexual Offense Polygraph--addresses the offense of conviction in conjunction or adjudication with the official version;(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.22 Tex. Admin. Code § 810.2
The provisions of this §810.2 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; Amended by Texas Register, Volume 40, Number 39, September 25, 2015, TexReg 6750, eff. 10/1/2015