Texas Code of Criminal Procedure - Article 62.053. Prerelease Notification
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Art. 62.053. PRERELEASE NOTIFICATION. (a) Before a person
who will be subject to registration under this chapter is due to be
released from a penal institution, the Texas Department of Criminal
Justice or the Texas Youth Commission shall determine the person's
level of risk to the community using the sex offender screening tool
developed or selected under Article 62.007 and assign to the person
a numeric risk level of one, two, or three. Before releasing the
person, an official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day after the
date on which the person is released or after the date on which the
person moves from a previous residence to a new residence in this
state or not later than the later of the first date the applicable
local law enforcement authority by policy allows the person to
register or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date on which
the person is released or the date on which the person moves from a
previous residence to a new residence in this state, the person
must, if the person has not moved to an intended residence, report
to the juvenile probation officer, community supervision and
corrections department officer, or parole officer supervising the
person;
(C) not later than the seventh day before the date on which
the person moves to a new residence in this state or another state,
the person must report in person to the local law enforcement
authority designated as the person's primary registration
authority by the department and to the juvenile probation officer,
community supervision and corrections department officer, or
parole officer supervising the person;
(D) not later than the 10th day after the date on which the
person arrives in another state in which the person intends to
reside, the person must register with the law enforcement agency
that is identified by the department as the agency designated by
that state to receive registration information, if the other state
has a registration requirement for sex offenders;
(E) not later than the 30th day after the date on which the
person is released, the person must apply to the department in
person for the issuance of an original or renewal driver's license
or personal identification certificate and a failure to apply to
the department as required by this paragraph results in the
automatic revocation of any driver's license or personal
identification certificate issued by the department to the person;
and
(F) the person must notify appropriate entities of any
change in status as described by Article 62.057;
(2) require the person to sign a written statement that the
person was informed of the person's duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address where the person expects to reside on
the person's release and other registration information, including
a photograph and complete set of fingerprints; and
(4) complete the registration form for the person.
(b) On the seventh day before the date on which a person who
will be subject to registration under this chapter is due to be
released from a penal institution, or on receipt of notice by a
penal institution that a person who will be subject to registration
under this chapter is due to be released in less than seven days, an
official of the penal institution shall send the person's completed
registration form and numeric risk level to the department and to:
(1) the applicable local law enforcement authority in the
municipality or county in which the person expects to reside, if the
person expects to reside in this state; or
(2) the law enforcement agency that is identified by the
department as the agency designated by another state to receive
registration information, if the person expects to reside in that
other state and that other state has a registration requirement for
sex offenders.
(c) If a person who is subject to registration under this
chapter receives an order deferring adjudication, placing the
person on community supervision or juvenile probation, or imposing
only a fine, the court pronouncing the order or sentence shall make
a determination of the person's numeric risk level using the sex
offender screening tool developed or selected under Article 62.007,
assign to the person a numeric risk level of one, two, or three, and
ensure that the prerelease notification and registration
requirements specified in this article are conducted on the day of
entering the order or sentencing. If a community supervision and
corrections department representative is available in court at the
time a court pronounces a sentence of deferred adjudication or
community supervision, the representative shall immediately obtain
the person's numeric risk level from the court and conduct the
prerelease notification and registration requirements specified in
this article. In any other case in which the court pronounces a
sentence under this subsection, the court shall designate another
appropriate individual to obtain the person's numeric risk level
from the court and conduct the prerelease notification and
registration requirements specified in this article.
(d) If a person who has a reportable conviction described by
Article 62.001(5)(H) or (I) is placed under the supervision of the
pardons and paroles division of the Texas Department of Criminal
Justice or a community supervision and corrections department under
Article 42.11, the division or community supervision and
corrections department shall conduct the prerelease notification
and registration requirements specified in this article on the date
the person is placed under the supervision of the division or
community supervision and corrections department. If a person who
has a reportable adjudication of delinquent conduct described by
Article 62.001(5)(H) or (I) is, as permitted by Section 60.002,
Family Code, placed under the supervision of the Texas Youth
Commission, a public or private vendor operating under contract
with the Texas Youth Commission, a local juvenile probation
department, or a juvenile secure pre-adjudication or
post-adjudication facility, the commission, vendor, probation
department, or facility shall conduct the prerelease notification
and registration requirements specified in this article on the date
the person is placed under the supervision of the commission,
vendor, probation department, or facility.
(e) Not later than the eighth day after receiving a
registration form under Subsection (b), (c), or (d), the local law
enforcement authority shall verify the age of the victim, the basis
on which the person is subject to registration under this chapter,
and the person's numeric risk level. The local law enforcement
authority shall immediately provide notice to the superintendent of
the public school district and to the administrator of any private
primary or secondary school located in the public school district
in which the person subject to registration intends to reside by
mail to the office of the superintendent or administrator, as
appropriate, in accordance with Article 62.054. On receipt of a
notice under this subsection, the superintendent shall release the
information contained in the notice to appropriate school district
personnel, including peace officers and security personnel,
principals, nurses, and counselors.
(f) The local law enforcement authority shall include in the
notice to the superintendent of the public school district and to
the administrator of any private primary or secondary school
located in the public school district any information the authority
determines is necessary to protect the public, except:
(1) the person's social security number, driver's license
number, or telephone number; and
(2) any information that would identify the victim of the
offense for which the person is subject to registration.
(g) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution in
this state, an official of the penal institution shall inform the
person that:
(1) if the person intends to reside in another state and to
work or attend school in this state, the person must, not later than
the later of the seventh day after the date on which the person
begins to work or attend school or the first date the applicable
local law enforcement authority by policy allows the person to
register or verify registration, register or verify registration
with the local law enforcement authority in the municipality or
county in which the person intends to work or attend school;
(2) if the person intends to reside in this state and to work
or attend school in another state and if the other state has a
registration requirement for sex offenders, the person must:
(A) not later than the 10th day after the date on which the
person begins to work or attend school in the other state, register
with the law enforcement authority that is identified by the
department as the authority designated by that state to receive
registration information; and
(B) if the person intends to be employed, carry on a
vocation, or be a student at a public or private institution of
higher education in the other state and if an authority for campus
security exists at the institution, register with that authority
not later than the 10th day after the date on which the person
begins to work or attend school; and
(3) regardless of the state in which the person intends to
reside, if the person intends to be employed, carry on a vocation,
or be a student at a public or private institution of higher
education in this state, the person must:
(A) not later than the later of the seventh day after the
date on which the person begins to work or attend school or the
first date the applicable authority by policy allows the person to
register, register with:
(i) the authority for campus security for that institution;
or
(ii) except as provided by Article 62.153(e), if an
authority for campus security for that institution does not exist,
the local law enforcement authority of:
(a) the municipality in which the institution is located;
or
(b) the county in which the institution is located, if the
institution is not located in a municipality; and
(B) not later than the seventh day after the date the person
stops working or attending school, notify the appropriate authority
for campus security or local law enforcement authority of the
termination of the person's status as a worker or student.
Added by Acts 1991, 72nd Leg., ch. 572, Sec. 1, eff. Sept. 1, 1991.
Amended by Acts 1993, 73rd Leg., ch. 866, Sec. 2, eff. Aug. 30,
1993; Acts 1995, 74th Leg., ch. 258, Sec. 3, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 667, Sec. 5, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1430, Sec. 8, eff. Sept. 1, 1997. Redesignated
from Vernon's Ann.Civ.St. art. 6252-13c.1, Sec. 3 and amended by
Acts 1997, 75th Leg., ch. 668, Sec. 1, eff. Sept. 1, 1997. Subsec.
(a) amended by Acts 1999, 76th Leg., ch. 1401, Sec. 2, eff. Sept. 1,
2000; amended by Acts 1999, 76th Leg., ch. 1557, Sec. 1, eff. Aug.
30, 1999; Subsec. (b) amended by Acts 1999, 76th Leg., ch. 1557,
Sec. 1, eff. Aug. 30, 1999; Subsec. (c) amended by Acts 1999, 76th
Leg., ch. 1557, Sec. 1, eff. Aug. 30, 1999; Subsec. (d) amended by
Acts 1999, 76th Leg., ch. 1193, Sec. 6, eff. Sept. 1, 1999; amended
by Acts 1999, 76th Leg., ch. 1415, Sec. 12, eff. Sept. 1, 1999;
Subsec. (e) amended by Acts 1999, 76th Leg., ch. 444, Sec. 3, eff.
Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1415, Sec. 12,
eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch. 1557, Sec.
1, eff. Aug. 30, 1999; Subsec. (f) amended by Acts 1999, 76th Leg.,
ch. 1415, Sec. 12, eff. Sept. 1, 1999; amended by Acts 1999, 76th
Leg., ch. 1557, Sec. 1, eff. Aug. 30, 1999; Subsec. (h) added by
Acts 1999, 76th Leg., ch. 1193, Sec. 7, eff. Sept. 1, 1999; added by
Acts 1999, 76th Leg., ch. 1415, Sec. 12, eff. Sept. 1, 1999;
Subsecs. (a), (c) amended by Acts 2001, 77th Leg., ch. 177, Sec. 1,
eff. Sept. 1, 2001; Subsec. (f) amended by Acts 2001, 77th Leg.,
ch. 1420, Sec. 3.003, eff. Sept. 1, 2001; Subsec. (i) added by Acts
2001, 77th Leg., ch. 211, Sec. 4, eff. Sept. 1, 2001; Subsecs. (a),
(e), and (h) amended by Acts 2003, 78th Leg., ch. 347, Sec. 5, eff.
Sept. 1, 2003. Redesignated from Vernon's Ann.C.C.P. art. 62.03
and amended by Acts 2005, 79th Leg., ch. 1008, Sec. 1.01, eff. Sept.
1, 2005.
Article: 62.006 62.007 62.008 62.009 62.010 62.051 62.052 62.053 62.054 62.055 62.056 62.057 62.058 62.059 62.060
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Last modified: August 10, 2007
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