Texas Code of Criminal Procedure

Art. 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 Juvenile Justice Department shall determine the person’s level of risk to the community using the sex offender screening tool developed or selected under Article 62.007 (Risk Assessment Review Committee; Sex Offender Screening Tool) 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 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 applicable entity or entities as required by Article 62.051 (Registration: General)(h) or (j) or 62.055 (Change of Address; Lack of Address)(e);

(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;

(F)

the person must notify appropriate entities of any change in status as described by Article 62.057 (Status Report by Supervising Officer or Local Law Enforcement Authority);

(G)

certain types of employment are prohibited under Article 62.063 (Prohibited Employment) for a person with a reportable conviction or adjudication for a sexually violent offense involving a victim younger than 14 years of age and occurring on or after September 1, 2013;

(H)

certain locations of residence are prohibited under Article 62.064 (Prohibited Location of Residence) for a person with a reportable conviction or adjudication for an offense occurring on or after September 1, 2017, except as otherwise provided by that article; and

(I)

if the person enters the premises of a school as described by Article 62.065 (Entry Onto School Premises; Notice Required) and is subject to the requirements of that article, the person must immediately notify the administrative office of the school of the person’s presence and the person’s registration status under this chapter;

(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 or, if applicable, a detailed description of each geographical location 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 (Risk Assessment Review Committee; Sex Offender Screening Tool), 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 (Definitions)(5)(H) or (I) is placed under the supervision of the parole division of the Texas Department of Criminal Justice or a community supervision and corrections department under Section 510.017 (Compact to Be Entered; Text), Government Code, 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 (Definitions)(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 (Circumstances Requiring Notice to Superintendent or School Administrator). 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 or driver’s license number, or any home, work, or cellular telephone number of the person; 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 (Registration of Workers or Students at Institutions of Higher Education)(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.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 1.01, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.048, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 661 (H.B. 2153), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 755 (S.B. 689), Sec. 6, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 663 (H.B. 1302), Sec. 4, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 329 (H.B. 355), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.015, eff. September 1, 2019.
Source

Last accessed
Jun. 7, 2021