Residential Notification (HIGH RISK)

Article 62.045 of the Code of Criminal Procedure requires the Texas Department of Public Safety to furnish additional public notification for certain sex offenders.

When the Department receives a verification or address change on an offender that is assigned a "Risk Level C or High", the Department will mail a printed notification to each residential resident within a 3 block radius in a subdivided area and a 1 mile radius in a non-subdivided area. The notice will contain all public information captured in the department’s database.

In order to be eligible for the postcard notification, an offender must be adjudicated on or after 01-01-2000.

NEWSPAPER PUBLICATION

Prior to 09-01-1995:  No newspaper publication for convictions.

09-01-1995 to 08-31-1997:  0nly convicted offenders with victims under 17 years of age (No deferred adjudication, juveniles, or prohibited sexual conduct cases).

09-01-1997:  Convictions, deferred adjudication, and compelling prostitution if victim is under 17 years of age offenses are now published. (No juveniles or prohibited sexual conduct cases.)

09-01-1999:  Legislature made changes to what was published in newspaper. They added offenders name, numeric street address or physical address, risk level and guidelines, and photo of offender were added to newspaper publication.

09-01-2001:  The only change was in the Low Risk assessment. A risk level of Low is published upon initial registration only. (CCP 62.04(F) excludes Low Risk offenders being published upon change of address.)

Before publication in the newspaper, the local law enforcement authority shall verify within eight (8) days:

1. Age of victim - victim must be under 17 years of age.
2. Age of registering offender - must be 17 years of age or older.

3. The basis on which the offender is subject to registration.

4. Offender's risk level.

5. The offender is not adjudicated of delinquent conduct (juvenile).

6. The offender is not given deferred adjudication and/or a conviction for an offense under Section 25.02 Penal Code, (Prohibited Sexual Conduct).

7. Out of state, military and federally convicted offenders are not published in the newspaper unless supervision (probation or parole) has transferred to Texas supervising authority. If they are being supervised by a Texas supervising authority, the offender is eligible for newspaper publication for the duration of their supervision and post discharge for as long as they remain in the state of Texas.

Newspaper publication includes the following information:

1. Offender's name, age and gender

2. A brief description of the offense for which the offender is subject to registration.

3. The municipality, numeric street address or physical address, if a numeric street address is not available, and zip code number where the person intends to reside.

4. Risk Level & the guidelines used to determine an offender's risk level.

5. Either a recent photograph of the person or the Internet address of a public web site on which the person's photograph is accessible free of charge.

Notice shall be entered into the newspaper of greatest paid circulation in the county where the registrant intends to reside. It shall be published in both English and Spanish. If there is not a newspaper in that county, it must be entered in the newspaper of greatest general circulation in the county. The authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. Law Enforcement cannot publish information in the newspaper about a juvenile. The same publication procedures occur when a registered offender moves to Texas.

Information not to be included in Public Notice:

1. Offender's social security number, DUID # or telephone #.

2. Any information that would identify the victim of the offense.

3. A conviction, deferred adjudication of Section 25.02 PC or adjudication of delinquent conduct.

Remedy Related to Public Notice

If the offender proves that the newspaper publication would place the offender's health and/or well being in immediate danger he/she can request an injunction. An offender subject to registration may petition the district court for injunctive relief to restrain a local law enforcement authority from publishing notice in a newspaper. The court may issue a temporary restraining order before notice is served and a hearing is held on the matter. After a hearing on the matter, the court may grant any injunctive relief warranted by the facts.