Texas § GV.508.181 - RESIDENCE DURING RELEASE

§ GV.508.181. RESIDENCE DURING RELEASE

RESIDENCE DURING RELEASE. (a) Except as provided by Subsections (b) and (c), a parole panel shall require as a condition of parole or mandatory supervision that the releasee reside in the county in which: (1) the releasee resided at the time of committing the offense for which the releasee was sentenced to the institutional division; or (2) the releasee committed the offense for which the releasee was sentenced to the institutional division, if the releasee was not a resident of this state at the time of committing the offense. (b) A parole panel may require a releasee to reside in a county other than the county required under Subsection (a) to: (1) protect the life or safety of: (A) a victim of the releasee's offense; (B) the releasee; (C) a witness in the case; or (D) any other person; or (2) increase the likelihood of the releasee's successful completion of parole or mandatory supervision, because of: (A) written expressions of significant public concern in the county in which the releasee would otherwise be required to reside; (B) the presence of family members or friends in the other county who have expressed a willingness to assist the releasee in successfully completing the conditions of the releasee's parole or mandatory supervision; (C) the verified existence of a job offer in the other county; or (D) the availability of a treatment program, educational program, or other social service program in the other county that is not available in the county in which the releasee is otherwise required to reside under Subsection (a). (c) At any time after a releasee is released on parole or to mandatory supervision, a parole panel may modify the conditions of parole or mandatory supervision to require the releasee to reside in a county other than the county required by the original conditions. In making a decision under this subsection, a parole panel must consider the factors listed under Subsection (b). (d) If a parole panel initially requires the releasee to reside in a county other than the county required under Subsection (a), the parole panel shall subsequently require the releasee to reside in the county described under Subsection (a) if the requirement that the releasee reside in the other county was based on: (1) the verified existence of a job offer under Subsection (b)(2)(C) and the releasee is no longer employed or actively seeking employment; or (2) the availability of a treatment program, educational program, or other social service program under Subsection (b)(2)(D) and the releasee: (A) no longer regularly participates in the program as required by a condition of parole or mandatory supervision; or (B) has successfully completed the program but has violated another condition of the releasee's parole or mandatory supervision. (e) If a parole panel requires the releasee to reside in a county other than the county required under Subsection (a), the panel shall: (1) state in writing the reason for the panel's decision; and (2) place the statement in the releasee's permanent record. (f) This section does not apply to a decision by a parole panel to require a releasee to serve the period of parole or mandatory supervision in another state. (g) The division shall, on the first working day of each month, notify the sheriff of any county in which the total number of sex offenders under the supervision and control of the division residing in the county exceeds 10 percent of the total number of sex offenders in the state under the supervision and control of the division. The notice must be provided by e-mail or other electronic communication. If the total number of sex offenders under the supervision and control of the division residing in a county exceeds 22 percent of the total number of sex offenders in the state under the supervision and control of the division, a parole panel may require a sex offender to reside in that county only as required by Subsection (a) or for the reason stated in Subsection (b)(2)(B). In this subsection, "sex offender" means a person who is released on parole or to mandatory supervision after serving a sentence for an offense described by Section 508.187 (a). (h) If a parole panel requires a releasee to reside in a county other than the county required under Subsection (a), the division shall include the reason for residency exemption in the required notification to the sheriff of the county in which the defendant is to reside, the chief of police of the municipality in which the halfway house is located, and the attorney who represents the state in the prosecution of felonies in that county. Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 10.23, 10.24, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1123 (H.B. 200 ), Sec. 6, eff. September 1, 2011.