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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 4. EXECUTIVE BRANCH |
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Subtitle G. CORRECTIONS |
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Chapter 508. PAROLE AND MANDATORY SUPERVISION |
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Subchapter D. PARDONS AND PAROLES DIVISION |
Sec. 508.117. VICTIM NOTIFICATION
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(a) Before a parole panel considers for release on parole an inmate who is serving a sentence for an offense in which a person was a victim, the division, using the name and address provided on the victim impact statement, shall make a reasonable effort to notify:
(1) the victim;
(2) if the victim has a guardian, the guardian; or
(3) if the victim is deceased, a close relative of the deceased victim.
(b) A victim, guardian of a victim, or close relative of a deceased victim who would have been entitled to notification of parole consideration by the division but failed to provide a victim impact statement containing the person's name and address may file with the division a written request for notification. After receiving the written request, the division shall grant to the person all privileges, including notification under this section, to which the person would have been entitled had the person submitted a completed victim impact statement.
(c) If the notice is sent to a guardian or close relative of a deceased victim, the notice must contain a request by the division that the guardian or relative inform other persons having an interest in the matter that the inmate is being considered for release on parole.
(d) The failure of the division to comply with notice requirements of this section is not a ground for revocation of parole.
(e) Before an inmate is released from the institutional division on parole or to mandatory supervision, the pardons and paroles division shall give notice of the release to a person entitled to notification of parole consideration for the inmate under Subsection (a) or (b).
(f) Except as necessary to comply with this section, the board or the department may not disclose to any person the name or address of a person entitled to notice under this section unless:
(1) the person approves the disclosure; or
(2) a court determines that there is good cause for disclosure and orders the board or the department to disclose the information.
(g) In this section:
(1) "Close relative of a deceased victim" means a person who was:
(A) the spouse of the victim at the time of the victim's death;
(B) a parent of the deceased victim;
(C) an adult brother, sister, or child of the deceased victim; or
(D) the nearest relative of the deceased victim by consanguinity, if the persons described by Paragraphs (A) through (C) are deceased or are incapacitated due to physical or mental illness or infirmity.
(2) "Guardian of a victim" means a person who is the legal guardian of a victim, whether or not the legal relationship between the guardian and the victim exists because of the age of the victim or the physical or mental incompetency of the victim.
(2-a) "Sexual assault" includes an offense under Section 21.02, Penal Code.
(3) "Victim" means a person who:
(A) is a victim of sexual assault, kidnapping, aggravated robbery, or felony stalking; or
(B) has suffered bodily injury or death as the result of the criminal conduct of another.