§ 16-93-709 — Sex offender may not reside with minors

(a) Whenever an inmate in a facility of the Division of Correction who has been found guilty of or has pleaded guilty or nolo contendere to any sexual offense defined in § 5-14-101 et seq., or incest as defined by § 5-26-202 , and the sexual offense or incest was perpetrated against a minor, becomes eligible for parole and makes application for release on parole, the Post-Prison Transfer Board shall prohibit, as a condition of granting the parole, the parolee from residing upon parole in a residence with any minor, unless the board makes a specific finding that the inmate poses no danger to the minors residing in the residence. (b) If the board, upon a hearing under § 16-93-705 , finds, by a preponderance of the evidence, that the parolee has failed to comply with this condition of parole, the parole may be revoked and the parolee returned to the custody of the division.

Legislative History

Amended by Act 2023, No. 659,§ 209, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 925, eff. 7/1/2019. Acts 1997, No. 1188, § 2; 2011, No. 570, § 104.