TX Federal Court Says No Sex Offender Parole Conditions Without a Sex Offender Conviction
Our sister site, TexasParoleNow, reported earlier on the Texas Court of Criminal Appeals ruling that the Texas Board of Pardons and Parole could not impose sex offender conditions on parolees who were not convicted of a sexual offense without first holding a due process hearing (for that article click here). While that decision was shocking enough coming from that court, a federal judge in Texas has now ruled that doing so would be a Constitutional violation.
What this means for parole in the rest of the country is that there is a standard in place which should mean parole boards or officers in other states can’t set conditions of parole which are arbitrary and not based on the facts of that case without going through a due process hearing. Realistically, with state budgets in the shape they are now, the parole boards can’t afford to hold hearings unless there is sufficient evidence to justify the addition of the conditions and so a lot of the power has now been stripped from them and fairness should apply.
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