Council on Sex Offender Treatment - Initial Eligibility Checklist for Early Termination

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Initial Eligibility Checklist for Deregistration Evaluation

Early Termination of Certain Person’s Obligation to Register

Procedural Steps:

Step One.  Applicant should confirm that he/she has only one reportable conviction or adjudication for a sexual offense.   If an applicant has more than one reportable conviction or adjudication for a sexual offense, then STOP.  The Applicant is ineligible to seek the early termination of his/her obligation to register.

                        Examples:  An applicant’s Order of Conviction or Deferred Adjudication Order recites two or more separate counts for sexual offenses.  That person is ineligible.

  • Only convictions or deferred adjudications handed down by Texas courts may be considered.
  • A Deferred Adjudication Order is treated the same as a conviction pursuant to the Adam Walsh Act or federal law.

IF YOU HAVE ONLY ONE REPORTABLE CONVICTION OR ADJUDICATION, THEN PROCEED TO STEP TWO.


Step Two.   An applicant should then go to the Texas Council on Sex Offender Treatment website and “click” on “Deregistration” which appears in the left hand column of the home page.

A series of boxes will drop down, one of which is entitled “Texas Offenses Tiered Under the Adam Walsh Act”.  Click on this box.

You will be taken to a page containing a link to the Texas Department of Public Safety Sex Offender Registration website.  Approximately in the middle of the page on the DPS website is a listing entitled,
“Additional Resources”.  Click on the 3d bullet entitled “Texas Offenses Tiered Under the Adam Walsh Act”.  This will take you to the list published by the DPS containing reportable convictions and adjudications, by Texas Penal Code citation, that compare minimum registration requirements in Texas
and under the federal law for a given offense. 


Step Three.  Locate on the DPS list your particular Texas Penal Code citation relating to your reportable conviction or adjudication.  The minimum registration period for your reportable conviction must
EXCEED the minimum registration period under the federal law, or Adam Walsh, in order to move on to the next step.


Step Four.  An applicant must also meet any other criteria required on the DPS list. 

                Example:  See. Page 2 of List.  Registrants Who were 17 years of age or older at the time of their offense.     **Indecency with a Child by Contact

a.    §21.11(a)(1) Indecency with a child by contact & involved “consensual Sexual conduct as defined by 42 U.S.C. §16911(5)©; OR
b.    §21.11(a)(1) Indecency with a child by contact & the victim is at least 13 years of age.

Council Analysis:


a.     “Consensual sexual conduct” is defined under federal law to mean The victim was at least13 years of age or older at the time of the offensea and the offender was no more than 4 years older than the victim at the time of the offense.
b.     The victim must have been at least 13 years of age at the time of the offense.

        In the example above,  provided all other requirements are met, if an applicant meets the criteria in either (a) or (b) above,  then that person is likely to be approved to move forward in the deregistration process and to be referred to a Council-approved Deregistration Evaluation Specialist to sit for a Deregistration Risk Assessment Evaluation. [See.  Art. 62.403, CCP]

        If, on the other hand, the minimum registration period for the applicant’s reportable conviction or adjudication DOES NOT EXCEED the minimum registration period for the same reportable conviction or adjudication under federal law [refer to DPS List] OR the applicant cannot meet the additional criteria, e.g. consensual sexual conduct or victim at least 13 years of age at the time of the offense, then STOP. 

The applicant is not eligible to seek the early termination of his/her obligation to register as a sex offender in Texas. 

    Key Point:  Only Texas convictions can be considered for deregistration purposes under this statute.  No out of state convictions or adjudications are eligible even though the prospective applicant lives in Texas.


If an Applicant meets the requirements above, then copies of the following required documents/fee must be submitted along with this form:

  1.  Order of Conviction/Deferred Adjudication Order;
  2. If the reportable conviction or adjudication involved a minor, an applicant shall provide a copy of one of the following documents which indicates the age of the victim at the time of the offense:
  3.      a.     Indictment
         b.    Offense Report
         c.    Probable Cause Affidavit
  4. Current Criminal History Background Checks.  Conducted by both the Texas Department of Public Safety and the Federal Bureau of Investigation.  Click on the respective link and follow the directions provided by each governmental agency.

     4.   Cashier’s Check or Money Order in the Amount of $50.00 made payable to:  “Texas Council on Sex Offender Treatment”.  This fee is assessed for the administrative review of
           an applicant’s file and/or request to early terminate his/her obligation to register as a sex offender in Texas.

[Additional Documents Not Required to Support of an Application for Early Termination]

  1.  If an applicant has undergone sex offender treatment and has successfully completed his/her treatment program, a letter from the LSOTP confirming the applicant’s successful completion of treatment.
  2. If an applicant successfully discharged community supervision or parole, a copy of the Order discharging applicant successfully from community supervision or parole.

 

ALL DOCUMENATION AND FEE SHOULD BE SENT TO: 

Texas Department of State Health Services
Professional Licensing and Certification Unit
Council on Sex Offender Treatment
P.O. Box 149347, Mail Code 1982
Austin, Texas 78714
ATTN: CSOT Executive Director 
 

 

 

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Last updated June 26, 2014
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    Council on Sex Offender Treatment