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Sex Offenders in Texas Must Meet 'M' Condition for Parole, Study notes of Criminal procedure

The policy for imposing special condition 'm' as a requirement for parolees or individuals on mandatory supervision in texas to register as sex offenders and submit dna samples. The policy applies to offenders with reportable convictions or adjudications, those with special condition 'x', and offenders supervised in texas under the interstate compact agreement. The policy also covers registration duration, early termination, and exemption from registration, as well as notification and withdrawal procedures.

What you will learn

  • Who is required to comply with Special Condition 'M' in Texas?
  • What are the procedures for imposing, expiring, and withdrawing Special Condition 'M' in Texas?
  • What is Special Condition 'M' for sex offenders in Texas?

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2021/2022

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TEXAS BOARD
OF
PARDONS AND PAROLES
Number: BPP-POL. 145.256
Date: July 15, 2021
Page: 1 of 4
Supersedes: October 28, 2020
BOARD POLICY
SUBJECT: SPECIAL CONDITION โ€œMโ€ (SEX OFFENDER REGISTRATION
CONDITION AND DNA SUBMISSION)
PURPOSE: To establish Special Condition โ€œMโ€ (Sex Offender Registration and DNA
Submission) as a special condition of parole or mandatory supervision and to
establish a procedure for imposing a condition requiring sex offender registration
and the submission of DNA as a condition of parole or mandatory supervision.
AUTHORITY: Texas Constitution Article 4, Section 11
Texas Government Code Sections 508.044, 508.045, 508.186, 508.1862,
508.1864, and 508.228
Texas Administrative Code Title 37, Part 5, Chapter 148
Texas Code of Criminal Procedure Chapters 42 and 62
POLICY: Special Condition โ€œMโ€ represents a cooperative effort between the Texas Board
of Pardons and Paroles (Board), the Texas Department of Criminal Justice Parole
Division (Division), and local law enforcement agencies to minimize the threat of
sex offenders to the community when an offender is released on parole or
mandatory supervision.
At any time Special Condition โ€œMโ€ is in effect, the offender shall fully comply
with state laws governing sex offender registration and DNA submission as well
as Board and Division policies governing sex offender registration.
DISCUSSION: The Board determines conditions of parole and mandatory supervision. Except in
special circumstances, Board Members and Parole Commissioners act in panels
comprised of three persons, and panel decisions are made by majority vote. The
Presiding Officer designates the composition of the parole panels. Special
conditions are conditions imposed in addition to the standard conditions of parole
or mandatory supervision. Unless otherwise provided, any condition may be
imposed before or after release and shall remain in effect until specifically
removed by a parole panel.
When a court makes an affirmative finding that, at the time of the offense, the
defendant was not more than four years older than the victim or intended victim
and the victim or intended victim was at least 14, the court may enter an order
exempting the person from registration under certain circumstances pursuant to
Texas Code of Criminal Procedure Article 62.301.
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TEXAS BOARD

OF

PARDONS AND PAROLES

Number: BPP-POL. 145.

Date: July 15, 2021

Page: 1 of 4

Supersedes: October 28, 2020

BOARD POLICY

SUBJECT: SPECIAL CONDITION โ€œMโ€ (SEX OFFENDER REGISTRATION

CONDITION AND DNA SUBMISSION)

PURPOSE: To establish Special Condition โ€œMโ€ (Sex Offender Registration and DNA Submission) as a special condition of parole or mandatory supervision and to establish a procedure for imposing a condition requiring sex offender registration and the submission of DNA as a condition of parole or mandatory supervision.

AUTHORITY: Texas Constitution Article 4, Section 11 Texas Government Code Sections 508.044, 508.045, 508.186, 508.1862, 508.1864, and 508. Texas Administrative Code Title 37, Part 5, Chapter 148 Texas Code of Criminal Procedure Chapters 42 and 62

POLICY: Special Condition โ€œMโ€ represents a cooperative effort between the Texas Board of Pardons and Paroles (Board), the Texas Department of Criminal Justice Parole Division (Division), and local law enforcement agencies to minimize the threat of sex offenders to the community when an offender is released on parole or mandatory supervision.

At any time Special Condition โ€œMโ€ is in effect, the offender shall fully comply with state laws governing sex offender registration and DNA submission as well as Board and Division policies governing sex offender registration.

DISCUSSION: The Board determines conditions of parole and mandatory supervision. Except in special circumstances, Board Members and Parole Commissioners act in panels comprised of three persons, and panel decisions are made by majority vote. The Presiding Officer designates the composition of the parole panels. Special conditions are conditions imposed in addition to the standard conditions of parole or mandatory supervision. Unless otherwise provided, any condition may be imposed before or after release and shall remain in effect until specifically removed by a parole panel.

When a court makes an affirmative finding that, at the time of the offense, the defendant was not more than four years older than the victim or intended victim and the victim or intended victim was at least 14, the court may enter an order exempting the person from registration under certain circumstances pursuant to Texas Code of Criminal Procedure Article 62.301.

Page 2 of 4

DEFINITIONS: Reportable conviction โ€“ a conviction or adjudication, regardless of the pendency of appeal, which is listed in Article 62.001(5), Code of Criminal Procedure.

Registration โ€“ a reportable conviction or adjudication, or required to register as a condition of parole, mandatory supervision or community supervision as authorized by Article 62.051(a), Code of Criminal Procedure.

COMPONENTS: โ€œMโ€ โ€“ At any time this condition is in effect, unless modified or withdrawn by a parole panel, an offender shall:

A. Register with local law enforcement authorities, and

B. Submit a blood sample or other specimen to the Department of Public Safety for the creation of a DNA record, unless the releasee has already submitted the required specimen under other state law.

PROCEDURE:

I. Criteria for Imposition

A. Offenders who have a reportable conviction under the Penal Code listed in Article 62.001(5), Code of Criminal Procedure, and the reportable conviction or adjudication occurred on or after September 1, 1970.

B. Offenders who have Special Condition โ€œXโ€, which was imposed after an affirmative finding that the offender constituted a threat to society because of his lack of sexual control pursuant to Texas Government Code Section 508.228.

C. Offenders being supervised in Texas pursuant to the Interstate Compact Agreement who are required to register as a condition of parole imposed by the sending state.

II. Imposition of Special Condition

A. A parole panel, upon a majority vote, may impose Special Condition โ€œMโ€ as a condition of parole or mandatory supervision.

B. Unless otherwise directed, Special Condition โ€œMโ€ becomes effective on the date of the parole panel decision.

C. An offender is not in violation of this policy if the offender attempts to register and law enforcement authorities refuse to accept the registration or the offender declines to submit a specimen because the offender has already done so under other state law.

III. Expiration of Registration or Exemption from Registration

A. Life Registration โ€“ An offender is required to register for life when the reportable convictions or adjudications, other than an adjudication of delinquent conduct, is for an offense listed in Article 62.101(a).

Page 4 of 4

ADOPTED BY MAJORITY VOTE OF THE BOARD ON THE 15TH^ DAY OF JULY, 2021.

DAVID GUTIร‰RREZ, PRESIDING OFFICER (CHAIR)

*Signature on file.