Government Code § 508.187

Sec. 508.187. CHILD SAFETY ZONE. (a) This section applies only to a releasee serving a sentence for an offense under: (1) Section 43.25 or 43.26, Penal Code; (2) Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal Code; (3) Section 20.04(a)(4), Penal Code, if the releasee committed the offense with the intent to violate or abuse the victim sexually; (4) Section 30.02, Penal Code, punishable under Subsection (d) of that section, if the releasee committed the offense with the intent to commit a felony listed in Subdivision (2) or (3); (5) Section 43.05(a)(2), Penal Code; or (6) Section 20A.02, Penal Code, if the defendant: (A) trafficked the victim with the intent or knowledge that the victim would engage in sexual conduct, as defined by Section 43.25, Penal Code; or (B) benefited from participating in a venture that involved a trafficked victim engaging in sexual conduct, as defined by Section 43.25, Penal Code. (b) A parole panel shall establish a child safety zone applicable to a releasee if the panel determines that a child as defined by Section 22.011(c), Penal Code, was the victim of the offense, by requiring as a condition of parole or mandatory supervision that the releasee: (1) not: (A) 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 (B) go in, on, or within a distance specified by the panel of premises where children commonly gather, including a school, day-care facility, playground, public or private youth center, public swimming pool, or video arcade facility; and (2) attend for a period of time determined necessary by the panel psychological counseling sessions for sex offenders with an individual or organization that provides sex offender treatment or counseling as specified by the parole officer supervising the releasee after release. (b-1) Notwithstanding Subsection (b)(1)(B), a requirement that a releasee not go in, on, or within a distance specified by a parole panel of certain premises does not apply to a releasee while the releasee is in or going immediately to or from: (1) a parole office; (2) premises at which the releasee is participating in a program or activity required as a condition of release; (3) a residential facility in which the releasee is required to reside as a condition of release; (4) a private residence in which the releasee 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 releasee; or (B) authorized by the division as a premises, facility, or location where it is reasonable and necessary for the releasee to be present and at which the releasee 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. (c) A parole officer who under Subsection (b)(2) specifies a sex offender treatment provider to provide counseling to a releasee shall: (1) contact the provider before the releasee is released; (2) establish the date, time, and place of the first session between the releasee and the provider; and (3) request the provider to immediately notify the officer if the releasee fails to attend the first session or any subsequent scheduled session. (d) At any time after the imposition of a condition under Subsection (b)(1), the releasee may request the parole panel to modify the child safety zone applicable to the releasee because the zone as created by the panel: (1) interferes with the releasee's ability to attend school or hold a job and consequently constitutes an undue hardship for the releasee; or (2) is broader than necessary to protect the public, given the nature and circumstances of the offense. (e) A parole officer supervising a releasee may permit the releasee to enter on an event-by-event basis into the child safety zone that the releasee is otherwise prohibited from entering if: (1) the releasee has served at least two years of the period of supervision imposed on release; (2) the releasee enters the zone as part of a program to reunite with the releasee's family; (3) the releasee presents to the parole officer a written proposal specifying: (A) where the releasee intends to go within the zone; (B) why and with whom the releasee is going; and (C) how the releasee intends to cope with any stressful situations that occur; (4) the sex offender treatment provider treating the releasee agrees with the officer that the releasee should be allowed to attend the event; and (5) the officer and the treatment provider agree on a chaperon to accompany the releasee, and the chaperon agrees to perform that duty. (f) In this section, "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code. Added by Acts 1997, 75th Leg., ch. 165, Sec. 12.01, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 978, Sec. 2, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.41, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 515 (H.B. 2014), Sec. 3.03, eff. September 1, 2011. Acts 2017, 85th Leg., R.S., Ch. 997 (H.B. 1111), Sec. 1, eff. September 1, 2017.