§ 508.225 — CHILD SAFETY ZONE.

Texas § 508.225

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 508.225. CHILD SAFETY ZONE. (a) If the nature of the offense for which an inmate is serving a sentence warrants the establishment of a child safety zone, a parole panel may establish a child safety zone applicable to an inmate serving a sentence for an offense listed in Article 42A.054 (a), Code of Criminal Procedure, or for which the judgment contains an affirmative finding under Article 42A.054 (c) or (d), Code of Criminal Procedure, by requiring as a condition of parole or release to mandatory supervision that the inmate not:
(1) supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and that regularly provides athletic, civic, or cultural activities; or
(2) go in or on, or within a distance specified by the panel of, a premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility.
(a-1) Notwithstanding Subsection (a)(2), a requirement that an inmate not go in, on, or within a distance specified by a parole panel of certain premises does not apply to an inmate while the inmate is in or going immediately to or from:
(1) a parole office;
(2) premises at which the inmate is participating in a program or activity required as a condition of release;
(3) a residential facility in which the inmate is required to reside as a condition of release;
(4) a private residence in which the inmate is required to reside as a condition of release; or
(5) any other premises, facility, or location that is:
(A) designed to rehabilitate or reform the inmate; or
(B) authorized by the division as a premises, facility, or location where it is reasonable and necessary for the inmate to be present and at which the inmate has legitimate business, including a church, synagogue, or other established place of religious worship, a workplace, a health care facility, or a location of a funeral.
(b) At any time after the imposition of a condition under Subsection (a), the inmate may request the parole panel to modify the child safety zone applicable to the inmate because the zone as created by the panel:
(1) interferes with the ability of the inmate to attend school or hold a job and consequently constitutes an undue hardship for the inmate; or
(2) is broader than is necessary to protect the public, given the nature and circumstances of the offense.
(c) This section does not apply to an inmate described by Section 508.187 .
(d) In this section, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134 , Health and Safety Code.

Legislative History

Added by Acts 1999, 76th Leg., ch. 56, Sec. 2, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299 ), Sec. 2.56, eff. January 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 997 (H.B. 1111 ), Sec. 2, eff. September 1, 2017.